PO Number: PD27 - University of Exeter Employment Status Questionnaire To be completed after contract has been issued. This questionnaire is to help establish whether an individual can be paid gross on a self employed basis or whether they should be paid through the payroll with deductions made for tax and national insurance. 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. Section A - To be completed by the Supplier Name of individual contracting with the University and trading name (if applicable): Contact details: (address, telephone no, email): Date of Birth: 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 1 Have you been an employee of the University within the last 12 months? If yes, please provide details (e.g. date and circumstances). If the individual has been an employee of the university within the last 12 months and their current engagement is similar to that previously provided, this suggests that the engagement may merely be an extension of employment. 2 Will you provide services solely to the University during this period? If you have other clients please provide evidence to support this? Providing services exclusively to the University is indicative of employment. Working with several clients is more akin to self employment, however evidence should be provided to reduce the tax risk of paying the individual gross (names of other clients would be sufficient). 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. Comments I run my own business providing specialist consultancy support/advice in this subjectto a range of clients such as X business and also X University. 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 self employment. 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 self employment, 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. Signed: Date: Section B - To be completed by the College / Service Please provide a description of the services to be provided by the individual/company: Specialist lectures in xxx on xxx module (2nd year) Expected start and end dates of the work: 1st semester 2013/2014 Estimated number of days it is expected that the individual will provide services to the University of Exeter over the course of the engagement: ? x 2 hour lectures College/Service contact (name and email): College of Humanities Please answer all the questions below. If you answer yes to any of the questions please provide additional comments in the notes box. Yes 1 2 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 work will be carried out. Is the individual restricted from working for any other organisations/clients during No Notes Comments 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 duties as they see fit. Timing of lectures is by mutual agreement, subject to timetabling limitations, so there is limited flexibility. If they are restricted then this is an indication of the University’s obligation to supply work to the individual Content to be agreed with module leader but otherwise provider is free to determine method and pace of delivery. and the University’s control over this indicates an employer/employee relationship. this engagement? 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. But maybe invited back another year – but no obligation to do so. 6 Is the individual prohibited from sending in a substitute to cover for them? It is typical for a self employed 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. If cannot attend, must rearrange session. 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”. 8 Is the individual providing invoices on a regular basis (eg a set amount each month)? If payment is on an ad hoc basis or for a particular piece of work, please tick “No”. See question 1, once agreed for timetable, fixed. 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. Regular payments are an indicator of employment, whereas ad-hoc payments demonstrate that payment is made as work is completed by the contractor. However, a self employed individual may invoice regularly on a work-in-progress basis during the assignment, therefore the facts surrounding payment must It has been agreed that the provider will invoice monthly. be taken into account. 9 Does the individual receive payment without the need to issue an invoice to the University? Where the individual issues an invoice for the service provided, this suggests that the payment relates to these services, rather than a fixed regular payment similar to that of an employee. 10 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. 11 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. 12 Is the individual providing fulltime 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. 13 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. Self employed individuals typically work from their own office, or if on site, tend to provide their own equipment. No one at the college has the specific xxx knowledge of this subject. But an office space will be provided for follow up one-toones with students. If any of the answers to the above 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. Signed (on behalf of the College/Service): _________________________________ Name: ______________________________________________________ Date: _______________________________________________________ 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. Although this questionnaire produced 4 yes responses, the College/Service were happy, that based on the evidence/comments provided, the individual was self-employed for this work.