Legal decisions on employment status
A court or employment tribunal (known as an industrial tribunal in Northern Ireland) can make a final decision on employment status. They’ll look at how the employment relationship between the person and the business works in practice.
HM Revenue and Customs (HMRC) may regard someone as self-employed for tax purposes. An employment tribunal or court may still make a decision that they are a worker or employee for employment rights purposes.
Step 1 Decide what type of employee you need
and Check you can afford to take on employees
- Check how much the National Minimum Wage is
- Find out how much National Insurance you need to pay for your employees
- Check how much sick pay your employees are eligible for
- Check how much you need to pay towards your employee's pension
- Check how much Maternity Leave you need to pay your employees
- Check how much Paternity Leave you need to pay your employees
Step 2 Make your workplace safe and accessible for employees
- Prevent discrimination
- Make your workplace accessible for employees with disabilities or health conditions
- Keep employee information and data safe
- Fire safety
- Health and safety
You also need to make checks when you recruit and employ someone.
Step 3 Register as an employer and set up PAYE
You need to register with HMRC so you can pay tax and national insurance for your employees.
Step 4 Check your responsibilities around workplace pensions
Step 5 Get Employers' Liability insurance
Step 6 Recruit and employ staff