Determining whether a worker is an employee, worker, or independent contractor.
Worker classification is the legal determination of whether an individual performing work for an organization is an employee (with full employment rights), a worker (with some rights), or an independent contractor (self-employed, with no employment rights). Misclassification — treating employees as contractors — is a significant legal risk, resulting in back-payment of tax, NI, holiday pay, and penalties. In the UK, IR35 legislation targets off-payroll working arrangements. HR and legal teams must carefully assess each engagement to apply the correct classification.
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