Employment Status & Workforce Structuring Advice for Employers

Clear advice on your employment status and your rights and entitlements.
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Employment Status & Workforce Structuring Advice for Employers

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.

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 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 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.

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.

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.

Key contact

Darren-Smith
Darren Smith
Partner

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Meet our experts

Dedicated professionals ready to assist you.

Alistair McArthur PNG
Alistair McArthur
Partner, Head of Employment
Darren-Smith
Darren Smith
Partner
Hannah King PNG
Hannah King
Legal Director
Tom-Hyatt-PNG
Tom Hyatt
Senior Solicitor
Maryam Nackvi PNG
Maryam Nackvi
Solicitor
mellisa v2
Victoria Wootton
Solicitor

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

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.

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.

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.

By regularly reviewing working arrangements, ensuring contracts reflect the reality of the relationship, and taking advice when engaging individuals outside a traditional employment model.

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