Employment Rights Act 1996: Primary legislation for distinguishing between employees and independent contractors. Critical for defining employment status and related rights to ensure proper contractor classification.
National Minimum Wage Act 1998: While contractors are not directly covered, this legislation must be considered to ensure the arrangement cannot be interpreted as disguised employment.
Income Tax Act 2007: Defines tax obligations and status for independent contractors, crucial for proper tax treatment of the engagement.
IR35 Legislation: Off-payroll working rules that determine tax status and ensure proper classification of contractors versus employees. Essential for compliance with HMRC requirements.
HMRC Employment Status Guidelines: Regulatory guidance providing detailed criteria for determining whether an individual is genuinely self-employed or should be classified as an employee.
Working Time Regulations 1998: While primarily applicable to employees, these regulations should be considered to ensure the contractor arrangement doesn't inadvertently create employment-like conditions.
Health and Safety at Work Act 1974: Legislation governing workplace safety obligations that apply to both employees and contractors working on premises.
Data Protection Act 2018 and UK GDPR: Privacy and data protection legislation that governs how personal and business data must be handled in the contractor relationship.
Relevant Case Law: Important precedent-setting cases such as Uber and Pimlico Plumbers that help define the distinction between contractors and employees in modern working arrangements.
