Client Testimonials

"Since the launch of mysinglefriend.com we've confidently employed Waterfront concerning every legal issue we encounter (including employment issues, contracts and claims). They consistently provide sound, swift, and helpful advice - cutting out the jargon and delivering confidence. The service mysinglefriend.com has received has been second to none. If I were on commission I don't think I could recommend them any more highly!

They have good parties too"

Amanda Barnes, Managing Director, Mysinglefriend Ltd

www.mysinglefriend.com

Employment Status

As current working trends evolve, with a need for flexibility in working patterns, determining the employment status of an individual is far from straightforward.  

In terms of employment status, an individual may fall within one of the following three general categories:

  • employee;
  • worker; or
  • self-employed.

Out of these three categories, employees enjoy the best protection rights.   It is important to determine an individual's employment status as this will affect, among other things:

  • whether the individual has the benefit of the various statutory rights available to employees (for example, the right to a statutory redundancy payment);
  • the basis on which the individual's income is taxed;
  • whether the common law duties relating to employees and employers are implied into the contract;
  • whether the individual or the employer will be responsible for the individual's health and safety; or
  • whether the recipient of the individual's services will be held responsible for the acts and omissions of the individual.

In determining if an individual is an employee, the overriding consideration will be the substance of the relationship between the parties.  However, there are a number of criteria which are traditionally considered in determining employment status, including:

  • mutuality of obligations (that is, the obligation to work and to pay);
  • sufficient control by the party for whom the work is being carried out; and
  • consistency of the other provisions of the contract with its being a contract of service.
Employment