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Is your worker really self-employed?

Several clients have recently instructed us on what can be, in Jersey, a somewhat tricky issue. It concerns the difference between employment and self-employment in Jersey law.

The implications can be very important – it impacts statutory rights such as weekly rest and paid leave, unfair dismissal protection, tax and social security, and various other issues that flow from these.

The distinction is not always immediately obvious. Merely declaring that a person is self-employed, or writing it in a contract, is not sufficient. Fortunately, there are two relevant cases in the local Tribunal and a string of persuasive authorities from the UK courts, which make it quite straightforward to analyse the respective rights and obligations.

So, if you have a typical worker in and around your business it might be a good idea to have the relationships analysed, to make sure you are on the right side of the line. And if the worker is in fact a sub-contractor rather than an employee, you might want to ensure you have the right clauses in the contract to protect your business.

Let us know if you’d like a coffee and a chat about this.

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