Employment Status & Consultancy Agreements – mlplaw

Employment Status and Consultancy

Not everyone who works for you is an employee, nor will it always be appropriate for them to be.

Some may be ‘workers’ or independent contractors. Each category attracts different legal rights and the correct status depends on a number of factors.

Whatever the status, putting the correct documentation in place, which is consistent with the applicable status, is crucial. Any inconsistency is likely to create difficulties and leave the status open to challenge.

Request a consultation with our expert Employment Law solicitors to ensure
you get your employment status issues right.

Request a consultation

Many businesses engage independent contractors, or ‘consultants’, rather than employees.
Before doing so, it is vital to ensure it would be lawful and appropriate to do so.

Employment Law experts at mlplaw

Our services include:

  • Advising you on the appropriate employment status for the people working for you;
  • Preparing bespoke contracts that are consistent with the applicable status, including Consultancy Agreements, Contracts of Employment and Zero Hours Contracts; and
  • Advising you on the implications of IR35.

Our Approach

All of our highly experienced Employment Law solicitors are Legal 500 recommended leaders in their field, who provide jargon-free, commercial legal advice. We speak to you in plain English and provide specialist, practical and pro-active solutions for your business.

We take the time to understand your business and the challenges you face, enabling us to provide bespoke advice which is tailored to you.

Testimonial

“The experience has been fantastic, and head and shoulders above our experience with other professional service firms. They are responsive, professional, understanding of our business needs and patient with us as a client.”

Rob Sandbach, Managing Director, Indiespring

FAQs

  1. What is employment status?

    The employment status of a member of staff determines the rights and responsibilities between the individual and your business. The different categories depend on the daily reality of the working life of the individual.

  2. What are the different categories of employment status?

    Broadly, there are 3 different categories of employment status: employees, workers and independent contractors.

  3. What is an employee?

    An employee is someone who works for your business in the fullest sense, either full or part time, on a permanent or temporary basis. An employee usually works in a structured and regular manner. Many rights attach to employee status, such as the right to claim unfair dismissal (after 2 years of employment) and rights to holiday and sick pay.

  4. What is a worker?

    This is usually a more casual working relationship (for instance there is often no guaranteed minimum number of hours to be worked by the worker). The individual has fewer rights but is still entitled to certain things, such as to earn the National Minimum Wage and to be given paid holidays.

  5. What is an independent contractor?

    This is when your business contracts with a self-employed individual to perform particular tasks or projects. The relationship is largely governed by the consultancy contract but you must ensure that any contract accurately reflects the working relationship or it can be open to legal challenge.

Speak to us to see
how we can help

0161 926 9969

Why choose the mlplaw team?

  • Unparalleled Experience and Expertise

We are vastly experienced, Legal-500 recommended
legal experts who live and breathe Employment Law. We provide no-nonsense, commercial advice, achieving
successful outcomes for employers.

  • Your business, your service

Your business is unique, as are the challenges it faces.
That’s why our approach is always as unique as your business itself.

We don’t like one-size-fits-all strategies. We’re all about crafting tailored strategies that fit your specific needs.

Communication is key. We’re fluent in plain language and have no time for legal jargon. We believe in complete transparency and proactivity, providing you with a clear path and fixed fees so you’re never caught off guard.

  • We are proactive and keep your options open

Most businesses only call their lawyers when things go wrong. By then, it may be too late. We know that prevention is always better than the cure. We work with you proactively to identify vulnerabilities, mitigate risks and ensure successful outcomes before problems arise. We save you time, money and the stress that comes with handling legal issues.


    Request a consultation

    Simply complete the form and a member of our team will be in touch





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    Bringing a claim against your employer can be daunting, so we have...

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    GDPR: Is consent enough to allow employers to process employee’s data?
    16th Mar 2018

    As part of our series of short blogs about the General Data...

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    GDPR: Do employers need to update their data protection policies to make them GDPR compliant?
    20th Mar 2018

    As part of our series of short blogs about the General Data...

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    Spitting feathers – what does the Jamie Carragher incident tell us about how employers deal with misconduct outside of work?
    20th Mar 2018

    The details of the incident involving ex-Liverpool FC player Jamie Carragher do...

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    Summer is here: 5 Employment issues all employers face over summer
    26th Jun 2018

    Summer has landed and temperatures are set to soar. But as employers...

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    How does the development of AI (Artificial Intelligence) affect legal services?
    16th Aug 2018

    There is an AI buzz in the air at the moment –...

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    Schoolgirl awarded £16,000 in Pizza Hut sexual harassment case
    24th Aug 2018

    A London schoolgirl has been awarded compensation by an employment tribunal in...

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    Baffled by right to work checks?
    28th Aug 2018

    During the first quarter of 2018, the Home Office handed out £7.7...

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    Beware the ‘offer of help’ from recruiters!
    11th Sep 2018

    Recruiters can be loved or loathed but if they are not approached...

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    Jose Mourinho v Anthony Martial and the right to paternity leave
    8th Aug 2018

    It has been reported in the media this week that Manchester United...

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    Retrospective sleep-in payments worth £400m put to bed
    3rd Aug 2018

    An Employment Appeal Tribunal (EAT) decision that a care worker working for...

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    My employees are resigning, what can I do?!
    16th Jul 2018

    It’s been another interesting week for the Prime Minister, with ministers and...

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    Top 7 tips for international students wanting to work in the UK
    25th Jul 2018

    Many international students at UK universities will be keen to continue their...

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    Employers’ guide to EU Settlement Scheme
    26th Jul 2018

    The Government is still trying to reach agreement with the EU on...

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    Proactive vs Reactive: use your time wisely
    30th Jul 2018

    The Telegraph has reported that one of the major ways businesses waste...

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    Everything you wanted to know about…Unfair Dismissal…but were too afraid to ask.
    7th May 2020

    This week we start our new series, examining key employment law concepts. ...

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    Chancellor confirms that the Coronavirus Job Retention Scheme is to continue until October 2020.
    12th May 2020

    The Chancellor of the Exchequer, Rishi Sunak, has today confirmed that the...

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    Everything you wanted to know about…Annual Leave…but were too afraid to ask!
    15th May 2020

    The legislation and rules surrounding annual leave can often be difficult to...

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    Coronavirus Job Retention Scheme – Portal Open
    20th Apr 2020

    The Coronavirus Job Retention Scheme portal, allowing employers to reclaim up to...

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    Update – Further guidance on the Coronavirus Job Retention Scheme
    17th Apr 2020

    The Chancellor, Rishi Sunak, has recently announced that the Coronavirus Job Retention...

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    Workers to be allowed to carry over 4 weeks of annual leave for 2 years
    30th Mar 2020

    The government has announced it is allowing workers to carry over up...

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    Further guidance on the Coronavirus Job Retention Scheme
    6th Apr 2020

    Very early on Saturday morning (4 April 2020), further Government advice on...

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    Furloughing employees and your return to work.
    22nd May 2020

    An interactive Q&A session on the do’s and don’ts of the Coronavirus...

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    Everything you wanted to know about…Disciplinary Procedures…but were too afraid to ask!
    27th May 2020

    Disciplining employees is an inevitable part of running a business and needs...

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    Everything you wanted to know about…Grievances…but were too afraid to ask!
    6th Aug 2020

    From time to time, every employer will receive a grievance from one...

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    Everything you wanted to know about…Redundancy…but were too afraid to ask!
    16th Jul 2020

    No business likes making redundancies. However, when it becomes necessary to do...

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    Changes to the Coronavirus Job Retention Scheme – how will the scheme work between June and October 2020?
    1st Jun 2020

    Throughout May we heard a lot of talk about changes to the...

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    How to calculate your claim for flexibly furloughed employees.
    15th Jun 2020

    The Government has published a “flexible furlough” working example, which sets out...

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    Everything you wanted to know about…Discrimination…but were too afraid to ask!
    18th Jun 2020

    The majority of employers strive to promote equality and diversity in their...

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    Chancellor’s Summer Statement – a Summary
    9th Jul 2020

    Chancellor of the Exchequer Rishi Sunak has presented his summer statement, announcing...

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    Coronavirus Job Retention Scheme Q & A
    24th Mar 2020

    We are frequently being asked questions about the new Coronavirus Job Retention...

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    What is an NDA and why are they in the news?
    12th Jul 2019

    You may have seen many headlines recently discussing NDAs. The abbreviation stands...

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    BBC taken to tribunal over unequal pay
    7th Nov 2019

    Samira Ahmed, presenter for the BBC, has claimed that the BBC are...

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    Footballer appealing decision to dismiss him over a car crash which left him injured – while his two colleagues were fined.
    11th Nov 2019

    Richard Keogh, a 33-year-old footballer, has had his contract terminated by Derby...

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    Cricket Australia has introduced maternity leave for the first time – how do your maternity rights compare?
    18th Nov 2019

    Prior to the new maternity policy, which has been three years in...

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    Pochettino shown the red card by Spurs: the law on unfair dismissal
    22nd Nov 2019

    On Wednesday evening Mauricio Pochettino was sacked as Tottenham’s manager after five...

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    Political pledges and proposed policies on Employment Law
    3rd Dec 2019

    In one of our previous articles on 21 November, we detailed some...

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    The clown in the room – The right to be accompanied to meetings in the UK
    17th Sep 2019

    But even if an employee thought it was a good idea to...

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    Encouraging employee-commitment through long service benefits
    12th Aug 2019

    Employee benefits are non-cash provisions that are of financial value and cost...

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    Judge rules against employee who lost job over transgender tweets
    20th Dec 2019

    Is a belief that there are two biological sexes in humans, and...

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    Coronavirus: Workers will receive statutory sick pay from first day off work
    4th Mar 2020

    Boris Johnson has today announced that workers in the UK will be...

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    Advice for Employers during the Coronavirus Outbreak
    18th Mar 2020

    Coronavirus: New SSP Regs re self-isolation   The Statutory Sick Pay (General)...

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    Government to pay up to 80% of wages in Coronavirus outbreak:
    20th Mar 2020

    Chancellor Rishi Sunak has this evening announced unprecedented economic measures to help...

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    Former investment banker wins age discrimination case against Citigroup Inc.
    20th Jan 2020

    Mr Niels Kirk, a former investment banker at Citibank, was unfairly dismissed...

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    Do I have to offer flexible working?
    5th Feb 2020

    As we continue to progress towards an ever more modern working world,...

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