PO Number: To be completed after contract has been issued. PD27 - University of Exeter Employment Status Questionnaire This questionnaire is to help establish whether an individual can be paid gross on a selfemployed basis or whether they should be paid through the payroll with deductions made for tax and national insurance (see http://www.exeter.ac.uk/staff/employment/selfemployed/). This form shows HMRC, in the event of an audit, that due consideration to the employment status has taken place. The questions are based on common law tests of employment. No single question is an absolute indicator of employment status; a decision must be based on the individual circumstances and balance of “Yes/No” responses. If any of the answers to the below are yes, please provide more detail in the comments column. The person may still be classed as self-employed however, it may be more suitable to pay the individual through the main payroll or through the casual workers payroll for short, ad hoc, work. Your HR Business Partner can discuss these options with you. Section A - To be completed by the College / Service Please provide a description of the services to be provided by the individual/company: Expected start and end dates of the work: Estimated number of days it is expected that the individual will provide services to the University of Exeter over the course of the engagement: College/Service requisitioner (name and email): Is the Supplier permanently based overseas and is therefore not a UK Tax Payer? Yes / No If Yes, then please state where they reside: _________________________ Please sign and date the requistioner box at the end of the questionnaire. No further sections of this form need to be completed but the form should be kept in case of audit purposes in the future. Please see http://www.exeter.ac.uk/staff/employment/selfemployed/templates/ for what to do next. If no, then please continue to complete all sections below. Please answer all the questions below using the comments box when answering yes. Yes No Notes Comments 1 Is the individual under the supervision or control of the University in carrying out their work? “Control” here refers to being able to choose the hours they work and determine how the For College/Service use only: Requisitioner Ref: Although a ‘Yes’ answer is indicative of being an employee, the individual may still be considered selfemployed where there is some initial supervision and they are free to perform the work will be carried out. duties as they see fit. 2 Is the individual restricted from working for any other organisations/clients during this engagement? If they are restricted then this is an indication of the University’s obligation to supply work to the individual and the University’s control over this indicates an employer/employee relationship. 3 Does the individual work regular hours (e.g. every Monday, two days per week, or any other regular pattern)? If work is performed on an ad hoc basis please tick “No”. If yes, then it suggests that the individual has limited control over work performed and it points strongly towards being considered an employee. 4 Is the individual obliged to accept work offered by the University? If the individual is obliged to accept work offered by the University and the University is obliged to provide work to the individual, this is a strong indication of employment. 5 Will the contract exceed 12 months? If the work is carried out over an extended period of time it may be viewed as an indicator of being an employee. 6 Is the individual prohibited from sending in a substitute to cover for them? It is typical for a selfemployed individual to be able to provide a substitute if they cannot perform the duties (e.g. off sick or on holiday), however it is unlikely that an employee could do the same. 7 In the event that agreed timescales are not met or the work performed is below the required standard, are the costs of rectifying any changes borne by the University? If it is the individual who bears the time /cost of correcting the work please tick “No”. Typically an employee would correct their errors on the University’s time, whereas a self-employed individual would bear the financial burden of correcting any mistakes in their own time. 8 Are the services provided by the individual similar to that of any employee of the university? If there is no real difference between the services provided by the individual and that of an employee, this is a strong indication that the individual could be deemed to be an employee. For College/Service use only: Requisitioner Ref: 9 Will the individual be provided with any staff benefits (such as pension, maternity or holiday pay)? Where an individual is provided with the same staff benefits as an employee this indicates that they are integrated with the organisation to the same extent as an employee, and this therefore points towards being an employee. 10 Is the individual providing full-time cover for a full-time employee of the University, (for example maternity or holiday cover)? If the individual provides full time cover for a full time employee they may be treated as effectively taking that employment for the duration of the contract. Therefore full time cover is an indication of being an employee. 11 Is the individual provided with a fixed workplace at the University, including the use of a desk, computer, phone, or similar equipment? Provision of a fixed work place or substantial equipment is an indication that the individual is ‘part and parcel’ of the organisation, and so points to employment. Selfemployed individuals typically work from their own office, or if on site, tend to provide their own equipment. PO Number (same as section A- in case of separation): Section B - To be completed by the Supplier Name of individual contracting with the University and trading name (if applicable): To be completed after contract has been issued. Contact details: (address, telephone no, email): Please give the name and address of the tax office you are registered with OR your Unique Taxpayer Reference Number (UTR): Please answer all the questions below. If you answer yes to any of the questions please provide additional comments in the notes box. Yes No Notes Comments 1 If the individual has been an Are you or have you been employee of the university within engaged for work or been the last 12 months and their current engagement is similar to an employee of the that previously provided, this University within the last suggests that the engagement 12 months? If yes, please may merely be an extension of employment. provide details (e.g. date and circumstances). For College/Service use only: Requisitioner Ref: 2 Please confirm that the University is not your only customer and that you supply services to a number of customers. Providing services exclusively to the University is indicative of employment. Working with several clients is more akin to selfemployment, however evidence should be provided to reduce the tax risk of paying the individual gross. 3 Are you likely to spend more than 50% of your total working time providing services to the University? If the majority of the individual’s time is spent working for the University this may indicate an employer/employee relationship. 4 Are you VAT registered? Please confirm your VAT number in the comments box if you are. Employees are outside the scope for VAT. Therefore if an individual has registered for Vat this is another indicator of selfemployment. 5 Do you need to be covered by the University professional indemnity insurance? If you have your own insurance cover, then please answer No. If the individual provides their work professional indemnity insurance cover this is an indicator of selfemployment, as a self-employed individual controls their own work and carries the financial risks of their work. I confirm that I am working on a self-employed basis for this work that I undertaking for the University of Exeter. Supplier signed: Date: Requistioner signed: Date: Budget approved by (College/Service Finance) signed: Date: Name: (This person will not be responsible for checking the employment status of the individual – this is the requistioners responsibility). Once this has been completed, then please retain this questionnaire within the College /Service. Copies of the questionnaire are not required by Accounts Payable (if the individual is deemed to be self-employed) or Pay and Benefits (if the individual is deemed to be employed). It is however, crucial that this questionnaire is retained within the College/Service as HMRC will need this in the case of an audit. You will now need to issue a Letter of Engagement and Contract for Services – templates of which can be found at http://www.exeter.ac.uk/staff/employment/selfemployed/templates/ For College/Service use only: Requisitioner Ref: