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?

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