Self Employed

Section A&B

Section A

If any of the following conditions are satisfied the Individual will always be treated as "Employed" by the school:

Work is accepted within the terms of a 'Contract of Employment'.

The individual works under the control and supervision of the school. The school has  control over day-to-day work , where it is performed , its content and time structure.

The individual is paid on National Conditions of Service for actual hours worked.

The individual is covering the work of an established post.

Examiners, teachers, lecturers and instructors, undertaking duties on educational premises on more than three occasions in any term and in connection with a preset course or curriculum will always be treated as an employee.

Section B

For a Individual to be considered for  "Self-Employment" status, the answers to the following questions must be YES and none of the conditions in Section A apply:-

Does the individual work independently of the control and supervision of the school?

Does the individual provide similar services to other customers or clients?

Does the individual run his or her own business, i.e. does he or she operate out of business premises and advertise services to any number of customers?

Is the individual free to turn down work if he or she is not available?

Does the individual have the right to provide a substitute if he or she is not available?

The following questions must also be considered:

Does the individual provide any major pieces of equipment necessary for the work undertaken?

Has a fixed fee been agreed for the work undertaken regardless of the length of time it takes to complete?

It must be remembered that self-employment status can still only be considered if none of the conditions in section A apply.