WHAT CONSTITUTES SUPERVISION, DIRECTION OR CONTROL?
It is important to note that, in order to be paid as a CIS worker there has to be nobody having influence over how you undertake your work, in terms of Supervision, Direction or Control. Examples of each are set out below.
If you find anyone seeking to when you are on an assignment please inform your usual Hypay contact.
SUPERVISION
What Constitutes Supervision?
DIRECTION
What Constitutes Direction?
CONTROL
What Constitutes Control?
Control is someone dictating what work you do and how you go about doing that work. Control also includes someone having the power to move you from one job to another. If someone can say to you “don’t do it like that” or “do it like this” then they have a right of Control as to the manner in which you work.
Supervision, Direction or Control arising due to health and safety legislation or regulations is not a factor to be considered.
It is important that you appreciate the importance of the above. However, if an assessment of SDC is incorrectly undertaken this is the responsibility of Hypay, you will not be personally at risk.
SELF-EMPLOYMENT ASSESSMENT
As part of onboarding the following four questions are to determine whether self-employed status can be supported. Guidance on each is provided to help you understand how they should be considered so that you can answer them all openly.
- CAN THE WORKER OBTAIN THEIR OWN WORK ELSEWHERE?
You are not contractually obliged to only provide services to Hypay. You are permitted to provide services to other parties if you wish. For example, you may choose to provide your services to hypay for an assignment that covers Monday to Friday but provide your services to other parties at weekends.
- CAN THE WORKER DECLINE WORK OFFERED?
You can decline to provide your services for any assignment offered as there is no obligation under your contract with hypay to either be offered the opportunity to provide your services or for you to accept any assignment offered. If you choose to only provide your services to hypay that is solely your decision and does not impact your ability to decline any assignment we may offer to you.
- DOES THE WORKER PROVIDE THEIR OWN EQUIPMENT?
Whilst there are likely to be restrictions in relation to large items of plant and equipment, due to both end client and health and safety requirements, it is expected that you will provide any small tools and equipment required for the services you will provide.
An example is someone providing bricklaying services, they will need to personally purchase and provide their own trowel, hod, level etc. For someone providing carpentry services this could include, but is not limited to, saws, hammers, drills, chisels etc.
- CAN THE WORKER PROVIDE A SUBSTITUTE?
Under the terms of your engagement with hypay you always have the right to provide a substitute if you do not want to provide the services directly. Any substitute will need to possess sufficient skill and experience to provide the services to the same level and hold any necessary qualifications and registrations.
Where a substitute is provided hypay would pay you in the usual way, and it would be your responsibility to ensure the substitute is paid and any deductions required for tax and NIC are also their responsibility.