ESM0500 – Guide to determining status: overview – table of contents


This part of the manual is aimed at compliance staff and others who require knowledge of how to determine the status of a worker.

The guidance included in this part is listed in the following table of contents.


ESM0501Importance of fact finding
ESM0502Fact finding techniques
ESM0503Engager’s business
ESM0504Nature of the job
ESM0505Engagement of the worker
ESM0506Contracts
ESM0507Importance of a written contract
ESM0508Oral contract
ESM0509Contracts – are the terms genuine?
ESM0510Contracts – getting the true terms
ESM0511Contracts – what are the differences?
ESM0512Establishing the reasons for differences
ESM0513How do you know if there is a contract of service?
ESM0514In business on own account test
ESM0515Relevant factors
ESM0516Control - overview
ESM0517Relative importance of control
ESM0518Right of control
ESM0519Control – what, where, when and how
ESM0520Control over what the worker does
ESM0521Control over what is done - examples
ESM0522Control over where the work is done
ESM0523Control over where the work is done - examples
ESM0524Control over when the work is done
ESM0525Control over when the work is done - examples
ESM0526Control over how the work is done
ESM0527Control over how the work is done - examples
ESM0528Control over experts
ESM0529Control exercisable by various means
ESM0530Personal Service
ESM0531The requirement for personal service
ESM0532An obligation to provide a substitute
ESM0533Right of substitution
ESM0534The obligation/right to send a substitute must be genuine
ESM0535Is the right of substitution genuine?
ESM0536The weight to be given to a genuine right of substitution
ESM0537Disproving a right of substitution
ESM0538Ignoring a claimed right of substitution
ESM0539Engaging Helpers
ESM0540Provision of Equipment
ESM0541Financial Risk
ESM0542Basis of Payment
ESM0543Mutuality of Obligation
ESM0544Sick pay, pension etc
ESM0545Part and Parcel of the Organisation
ESM0546Right to terminate a contract
ESM0547Opportunity to profit from sound management
ESM0548Length of Engagement
ESM0549Personal Factors
ESM0550Personal Factors (Lorimer case)
ESM0551Personal Factors (effect of Lorimer on short-term engagements)
ESM0552Personal Factors (effect of Lorimer on relatively long-term part-time engagements
ESM0553Regularly working for one engager
ESM0554Intention of the parties
ESM0555Exclusive services
ESM0556Picture painting
ESM0557What to do in disputed cases?
ESM0558Fact finding/Evidence gathering