Penningtons Manches

UK 200 2013 position: 90


Education Update — May 2014: should sessional teachers or tutors be employed or self-employed?

By Pat Saini

Recent discussions with clients make it clear that the industry practice for tutors varies and that some clients employ tutors while others wish to keep them as self-employed. Either course of action can be right, both in law and also for any organisation, but it is important to establish the employment status from the beginning of the relationship, because this will determine their legal rights and protections and the obligations the employer owes to them. From an immigration perspective, the question is one that will determine whether right-to-work checks need to be carried out.

There are three broad types of employment status; an individual may be an employee, a worker or self-employed (including partners and other office holders).

In any consideration of employment status, the main questions to be asked are as follows…

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