Employed or Self Employed?
Contracts are agreements between either the employer and the employee, or the service user and the service provider. The latter refers to situations where a service is provided by the Swimming Teacher on a self employed basis. It is important that both parties (i.e. the swim school and the swimming teacher) recognise the difference between the two so that errors are not made, which could lead to financial penalties and legal claims being forthcoming from the Inland Revenue. The table below attempts to illustrate the simple tests you should apply, to determine whether a swimming teacher should be employed or self employed:
| Test |
Employed |
Self Employed |
The teacher works solely for you
|
√ |
|
| You allow the teacher work for other swim schools |
|
√ |
| The teacher can choose when & where they work |
|
√ |
| You stipulate when & where the teacher works |
√ |
|
| The teacher has the right to refuse work you offer |
|
√ |
You do not guarantee the teacher work at specified venues, days or times
|
|
√ |
| The teacher will be managed by another member of staff or yourself |
√ |
|
| The teacher is allowed and paid during, periods of leave |
√ |
|
| The teacher is paid during periods of ill health |
√ |
|
|