Chartergate’s Specialist Employment Status Services
Ensuring the correct employment status is not just a matter of compliance with HMRC; it’s a crucial aspect that can safeguard your business from potential Employment Tribunal claims. At Chartergates, we understand the complexities of employment status issues and offer a comprehensive approach that combines expertise in both tax and employment law.
Our Specialised Approach
With most employment status case law now emanating from employment law, it is imperative to seek advice from professionals well-versed in both tax and employment law. At Chartergates, we specialise in these dual facets, providing you with a complete service that leaves no room for vulnerabilities.
Proactive Measures for Your Protection
Don’t wait for that Employment Tribunal claim to land on your doorstep. Now is the time to take proactive steps to protect your business. The key lies in the contracts you establish with subcontractors. Without meticulously drafted terms and conditions as well as a thorough understanding of your business you may be susceptible to challenges in the Employment Tribunal.
Drafting Services
Chartergates offers detailed drafting services to fortify your position and ensure resilience in the face of employment status challenges.
A Complete Service Approach
At Chartergates, we go beyond merely providing advice and drafting services. We stand by our clients throughout the entire process, representing them in the Employment Tribunals and The Employment Appeal Tribunal. Our commitment is to offer a complete service that instils confidence in our clients, backed by our unwavering belief in the quality of our service.
Commercial Solutions for Long-Term Protection
Our philosophy at Chartergates centres on delivering not just guidance but practical and commercial solutions. We understand the ever-present threat of Employment Tribunals and strive to provide services that safeguard your business. Our high success rate speaks volumes about the effectiveness of our approach in Employment Tribunals.
For more information or to engage with us, contact Chartergates now.
Our Services & How We Provide Them
Our specialist employment law consultancy and representation services can be provided on a fixed-fee basis, an hourly rate, on a retained basis, and in some circumstances on a contingency basis. Call us today for a free no-obligation consultation with our team about our services which include:
- Employment Status
- TUPE
- Worker Status
- Agency Worker Regulations
- Contract & Policy Drafting
- Dismissals and Redundancy
- Discrimination
- Employment Tribunal Representation
- Umbrella Company Advice & Drafting
Related Content
Employment Status Risk Areas
An agency worker arrangement can create added risk because there may be several parties involved. This can include the worker, the agency, an umbrella company and the end client.
Each party may have different responsibilities. The business may need to consider employment rights, employment status for tax, supervision, direction, or control, and who is responsible for pay.
If the arrangement is not reviewed carefully, disputes can arise over whether the individual should be treated as an employee, worker, or self-employed contractor.
Zero Hours and Contract Models
Employment status issues often arise where businesses use flexible labour, casual work, or contractor arrangements.
A flexible contract can be useful, but it must reflect the real working relationship. If a person is expected to accept work, follow close control, and provide services personally, they may be treated as an employee or worker.
That can create risk for holiday pay, National Minimum Wage, tax and National Insurance, and tribunal claims.
Gig Economy Working
The gig economy has increased the use of flexible, app-based, freelance, and task-based working models.
These arrangements can be commercially useful, but they often attract close review. Tribunals may look at control, personal service, substitution rights, integration, and whether the individual is truly in business on their own account.
A business should not assume someone is self-employed simply because they choose their hours, use an app, or submit invoices.
Tax and Tribunal Risk
HMRC may decide that a person is employed for tax purposes, even where the business has treated them as self-employed.
If this happens, the business may face unpaid tax and National Insurance, interest, and penalties. This risk can increase where the same model has been used for several workers over a long period.
Northern Ireland Considerations
Employment status issues can also affect businesses operating in Northern Ireland.
Many of the same principles apply, but there may be differences in procedure, tribunal process, and local employment law practice. Businesses operating across the UK should make sure their contracts and working practices are reviewed for each location.
Chartergates’ four pillars of service
Complete
We advise, prepare documentation and represent our clients, providing support from the initial review through to the resolution of enquiries and disputes.
Commercial
We provide clear, practical advice that reflects the commercial realities of our clients’ businesses.
Confident
Our experience of HMRC enquiries and Tribunal proceedings allows us to provide informed, practical and up-to-date advice.
Co-operative
We work closely with clients and their professional advisers to manage risk, meet their obligations and achieve the best possible outcome.
Get clear advice from our specialists
Incorrect treatment can result in additional tax, National Insurance, interest and penalties. Speak to Chartergates for clear, practical advice tailored to your circumstances.
This wording is broad enough for CIS, employment tax, status, termination payments, tax enquiries and other Chartergates service pages.
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