ESM0553 | Guide to determining status: regularly working for one engager

A person may have a number of short-term contracts which looked at individually are self-employed contracts. However, if that person then begins to work virtually full-time for one engager the series of separate contracts with that engager may end and be replaced by a contract of employment. Because over time a relationship and commitment builds up between both sides amounting to an overarching contract.

For those without an existing pattern of working for different engagers it is, as always, the full picture that matters. If the engagements themselves would otherwise amount to employment the fact that there is a series of them with the same engager is unlikely to alter this. Bear in mind though that someone starting in business may in practice work for the same engager under a series of contracts because he or she is unable to obtain contracts elsewhere. For example, a person may start in business and endeavour to obtain engagements in a particular field on a self-employed basis with a variety of engagers. If he or she continues to work in that vein but only manages to obtain work for part of the time through short-term self-employed contracts from one engager, the fact that only one engager is involved would not necessarily mean those engagements are employments. You should not only consider the length and pattern of engagement but also consider the presence or absence of the other business on own account factors such as, whether the person has a financial risk, business establishment etc.