Main menu

Are you employed or self-employed?

Submitted by: MikeC (Admin) on 29-Sep-07 10:31:35 PM

One of the key questions the taxman will investigate in determining if you are a self-employed contractor, or an employee, is whether you can be substituted.

For example, if you are sick; who can (or will) do your work?

Clearly, an Energy Performance Certificate can only be undertaken by a qualified and accredited Domestic Energy Assessor, which makes asking your neighbour for a favour, a little difficult.

There are two things you can do to minimise being caught out...

DEA Networking (or safety in numbers)

Network with local DEAs and find some way of collaborating, if, and when, the need to find someone to fill your shoes should arise.

An "alliance" called the Property Reports Network (PRN) is one example that could be replicated in your area. Besides other things, members agree to pass work around if - for whatever reason - they are unable to perform it themselves.

(PRN exists, I believe, in the North West only, although they are happy (and keen) to help others set-up their own).

Contracts: Right of Substitution Clause

Now the legal bit...

Scrutinise all contracts you have with companies supplying you work (preferably before you sign) for a clause that grants you the 'Right to Substitute' your labour.

Remember, it is one of the key factors a taxman will use to judge your employment status so it must be a realistic clause - One which you can back-up.

That means, as well as the Panel Manager, for instance, doing their part including - and upholding - the clause, you should be able to demonstrate that you have other(s) to perform your work, should you be not available (or willing).

Once you have found a willing DEA to co-operate with, it might be worth just passing a job or two on to show such a relationship exists.

Disclaimer: That's right, I'm not an expert. The above is for general guidance only... you know the rest!

Get listed on the DEA locater - FREE!

Blog Posts



Stay informed - no email required.

RSS Feed

What is RSS?

Join in
Twitter feed

Recent Podcasts

Just for fun: Cock-ups & Highlights - Mashup
From the cutting-room floor

31: DEA Roundtable 3: Get rid of "low-life scum"!
John Semens and Malcolm Scott

30: Quest Associates: Software, EPCs, HIPs and chat
Tom Parker, Colin Blears and Liam Parker

29: ProDEA: Passion, pin-ups and pro-activity
What's so different about ProDEA then?

28: Northgate Accreditation Scheme: Russell Osborne
Domestic Energy Assessors welcome

More: DEA podcasts

Recent Articles: