The reason this comes up is because people often come to me with contacts that say one thing, but are actually something else, such as saying someone is self employed whereas the reality is that they are employees with all the rights and obligations that go with it.

Most importantly if you dismiss someone that you think is self employed and they are really an employee they can sue for unfair dismissal which a self employed person can’t do.

The contact saying they are self employed is irrelevant. It is a question of fact and the fact is that getting it wrong can be expensive.

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