If you hire a genuinely self-employed consultant for their expertise in an area that your employees may be lacking, you should put in place an agreement that sets out the arrangements between you.
Categories of worker
There are four categories of worker recognised by UK employment law. These are an employee, an employee shareholder, a worker and a self-employed contractor. The distinction between each category is important because their rights are different. An employee is entitled to a considerable level of statutory protection, much more than if that person was self-employed or a worker. Likewise, a worker benefits from certain employment law rights that a self-employed contractor does not. Self-employed contractors or consultants are independent and in business of their own account. It is this category of individual that our Consultancy Agreement is to be used for. However, just because you issue an individual with a document entitled “consultancy agreement” doesn’t mean they will automatically be classed as self-employed in employment law terms. Tribunals will look beyond the label you’ve attached and examine the realities of the parties’ relationship. In fact, the agreement won’t even be the starting point as assessing employment status is a matter of statutory interpretation, with the tribunal looking at the wording of the relevant legislation and taking a purposive approach; it’s not a matter of contractual interpretation. If an individual is in reality your employee or worker, you won’t be able to deny their rights by giving them our consultancy agreement!
Key clauses
The specifics of the consultancy agreement will depend on the situation and the particular needs of your business and therefore what we’ve produced is a starting point only. From a legal perspective, to try to ensure self-employment, make sure the agreement contains the following clauses and that these clauses then also reflect the reality of what actually happens in practice and aren’t just designed to prevent employee or worker status from arising:
We’ve covered all of these in our Consultancy Agreement. A consultant would also generally provide their own tools, equipment and support staff.