University of York Employment Status check form


This form must be completed for workers wishing to be paid 'off payroll', including anyone operating under a limited or personal service company as well as sole traders.

It should be completed by the hiring University department.  Any information entered MUST be an accurate reflection of the engagement to ensure a proper assessment is made. Failure to do so leaves the University at risk of HMRC non-compliance resulting in fines and reputational damage.

A new form must be completed for each engagement, including where an engagement is being extended.  Any status check result is only valid for 6 months.

Completion of the employment status check does not negate the responsibility of departments to ensure that services are purchased in line with the Universities Procurement rules and Financial Regulations.

Once submitted the form is automatically sent to the Payroll team, who will assess the engagement to determine if off payroll legislation applies.  They use the HMRC Employment Status for tax tool and the HMRC Employment Status Manual.

Should the engagement not meet off payroll legislation, it will be treated as taxable at source. The worker can join the casual payroll, be offered a fixed term contract or be paid by invoice but will be subject to tax and National Insurance deductions on any fee.  Should the worker still wish to be paid by invoice even if they do not meet off payroll legislation please contact Payroll.

For support and any matters relating to this check and its results please contact Payroll via employment-status@york.ac.uk.

Data Protection; please see the University privacy notice for ways in which the University of York gathers, uses, stores and shares your data.  

Worker Section

Either the University member of staff requesting the work or the departmental adminstrator organising it
Their email address
Do we know the person/persons who will undertake the work?*
Please include the name of the worker and if relevant the business name
How are services provided to the University?*
Does the worker/Business have a website?*
Will the worker perform office holder duties for the end client as part of this engagement?*
An office holder is a person appointed to a formal position in the University but who doesn’t have a contract or receive regular payment (e.g. a Director, Treasurer or Trustee)
Has the work already started?*
Has the worker ever sent a substitute?*
Did the worker pay their substitute?*
If worker sent someone else to do the work (a substitute) and they met all the necessary criteria, would the University ever reject them?*
Before filling in this part of the form you will need to discuss if it is a viable option with the engager. If you would be unable to provide a substitute you must state Yes to the question. The criteria for a substitute would include: -being equally skilled, qualified, security cleared and able to perform the worker’s duties -not being interviewed by the end client before they start (except for verification checks) -not being from a pool or bank of workers regularly engaged by the end client -doing all of the worker’s tasks for that period of time -being substituted because the worker is unwilling or unable to do the work
If worker sent someone else to do the work (a substitute) and they met all the necessary criteria, would the University ever reject them? V2*
Before filling in this part of the form you will need to discuss if it is a viable option with the engager. If you would be unable to provide a substitute you must state Yes to the question. The criteria for a substitute would include: -being equally skilled, qualified, security cleared and able to perform the worker’s duties -not being interviewed by the end client before they start (except for verification checks) -not being from a pool or bank of workers regularly engaged by the end client -doing all of the worker’s tasks for that period of time -being substituted because the worker is unwilling or unable to do the work
Can the worker provide evidence of the substitute name and contact information if required*
Can the worker provide evidence of the substitute name and contact information if required - V2*
Would the worker have to pay the person who did the work instead?*
Would the worker have to pay the person who did the work instead? - V2*
Has/Will the worker paid/pay another person to do a significant amount of work for this engagement?*
Can the University move the worker to a different task to that originally agreed?*
Once the engagement has started, does the University have the right to decide how the work is done? *
Can the University decide the schedule of working hours? *
Location of the work: Can the worker choose where they work?*
Will the worker have to buy equipment before the University pays them? Equipment includes heavy machinery, industrial vehicles or high-cost specialist equipment, but not phones, tablets or laptops.*
Will the worker have to buy materials before the University pays them? Materials are items that form a lasting part of the work, or an item bought for the work and left behind when the worker leaves (not including stationery) and most likely to be relevant to substantial purchases in the construction industry*
These are things that: -the worker has to provide to complete this specific engagement -are not provided by the University -could place the worker at financial risk if the cost is not regained They do not include expenses incurred by being based away from home for the engagement.
Will the worker have to fund any other costs before the University will pay them? Other expenses include significant travel and subsistence expenses (not commuting) or the cost of a business premises outside of the home*
What is the main way the worker will be paid for this engagement?*
If the University is not satisfied with the work, does the worker need to put it right at their own cost?*
Will the worker have any management responsibilities? (this includes looking after other suppliers on behalf of the University)*
How would the worker introduce themselves?*
Does this contract stop the worker from doing similar work for other organisations?*
Length of Engagement *
Are there any ownership rights relating to this contract?*
These types of rights are usually found in media, arts and creative industry contracts. This includes all intellectual property rights, copyright, trademarks, patents, and image rights.
Does the contract state the rights to this work belong to University?*
This does not include the option to buy the rights for a separate fee.
Has the worker done any self-employed work of a similar nature for the University before?*
Once the current engagement is complete is the supplier likely to work for the department again in the next 12 months?*
Even if nothing is agreed, if the supplier could be used in the future please mark yes.
Will the contact/engagement start immediately after the current contract? *
Is there a possibility the the contract will need to be extended?*
Even if nothing is agreed, if the supplier could be used in the future please mark yes.
Has the worker done any self-employed work of a similar nature for other clients in the last 12 months?*

ESS payroll Section

ESS check outcome