I run a company in which there are a number of employees and self-employed individuals. How do I ensure that the self-employed individuals do not claim that they are employees?

Posted in : First Tuesday Q&A NI on 1 August 2017
Chris Fullerton
Arthur Cox NI
Issues covered:

An employee is defined under Article 3(1) of the Employment Rights (Northern Ireland) Order 1996 (“1996 Order”) as “an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.” Under Article 3(2) of the 1996 Order, a contract of employment means “a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.”

A contract of service is to be distinguished from a contract under which an individual gives service as an independent contractor or self-employed individual under a contract for services. It is important to distinguish between these two contracts, and categories

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Back to Q&A's This article is correct at 01/08/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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