Employment Status & Workforce Structuring Advice for Employers
Practical, risk-focused advice on employment status and alternative working arrangements.
Employment status is a key issue for businesses using different types of working arrangements, particularly where individuals are engaged outside a traditional employment model. Getting status wrong can lead to claims for employment rights, financial liabilities and operational disruption.
We support employers in assessing employment status, reviewing alternative working arrangements and advising on agency worker compliance. Our advice is practical and commercially focused, helping you maintain flexibility while managing risk effectively.
Employment Status Assessments
Understanding the true status of individuals working in your business is essential to managing risk.
We carry out detailed assessments of working arrangements, reviewing both contractual documentation and day-to-day practices. This allows us to identify whether individuals are correctly classified and where there may be exposure if the reality of the relationship differs from how it is described.
Our advice is clear, practical, and aimed at helping you take steps to align your arrangements with your intended structure and reduce the risk of your workforce structure being challenge.
Agency Workers & AWR Compliance
Agency worker arrangements can provide flexibility but also give rise to specific legal obligations.
We advise employers on compliance with the Agency Workers Regulations, including day-one rights and equal treatment after 12 weeks. We also help you understand how responsibility may be shared between your business and the agency.
Our focus is on ensuring your arrangements are workable in practice and minimise the risk of claims or disputes.
Consultancy Arrangements & Alternative Working Models
Consultancy arrangements and other alternatives to employment can be effective, but only if they are structured and implemented correctly.
We advise on a wide range of alternative working arrangements, helping you understand how different models operate in practice and the risks associated with each.
This includes reviewing how relationships work day to day and identifying where there may be a risk of reclassification or challenge.Contracts & Documentation
Well-drafted documentation plays an important role in supporting your position on employment status.
We prepare and review consultancy agreements, agency documentation and other contracts relating to alternative working arrangements. We ensure that documentation is clear, consistent and aligned with how the relationship operates in practice.
Strong documentation can significantly improve your position if employment status is later challenged.Employment Status Disputes & Tribunal Claims
Disputes can arise where individuals challenge their status and seek to claim entitlement to employment rights.
We advise employers on managing employment status disputes, including claims for worker or employee rights such as holiday pay and other statutory entitlements. We also represent businesses in Employment Tribunal proceedings where necessary.
Where appropriate, we help you resolve disputes at an early stage to minimise cost, disruption and risk.
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24 May 2023
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Analysis
Case Study: Streamlining Operations
Learn how we improved efficiency our client
John Doe
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5 min read
Analysis
Case Study: Streamlining Operations
Learn how we improved efficiency our client
John Doe
24 May 2023
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5 min read
Analysis
Case Study: Streamlining Operations
Learn how we improved efficiency our client
John Doe
24 May 2023
.
5 min read
Analysis
Case Study: Streamlining Operations
Learn how we improved efficiency our client
John Doe
24 May 2023
.
5 min read
Analysis
Case Study: Streamlining Operations
Learn how we improved efficiency our client
John Doe
24 May 2023
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5 min read
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Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
Why is employment status important for businesses?
Employment status determines the rights an individual may be entitled to and the obligations your business may owe. Getting it wrong can lead to claims for unpaid rights such as holiday pay, minimum wage and other statutory protections.
What are the risks of getting status wrong?
Risks can include liability for employment related taxes, Employment Tribunal claims, disruption to your workforce and management time spent dealing with disputes. It can also create wider operational and reputational issues.
Can a written contract determine status alone?
No. Although contracts are important, tribunals will look at the reality of the working relationship in practice. If the practical arrangements differ from the written agreement, the true nature of the relationship may take precedence.
How can we reduce employment status risk?
By regularly reviewing working arrangements, ensuring contracts reflect the reality of the relationship, and taking advice when engaging individuals outside a traditional employment model.