Employment lawyers please - awful new self-employment assessment form

[PiratePanda]

I am an employee of a large institution and have recently been responsible for subcontracting some work to someone else (dotting all legal i's and crossing t's etc). In between contracts and receipt of invoices, the institution seems to have instituted a ghastly new form regarding self-employment status, which I only found out about when they refused to pay the sub-contractor on the grounds we hadn't filled it in.

Sigh.

So I need to fill it in, and not being an employment lawyer I don't completely understand the wording, nor fo I understand the consequences for my sub-contractor of my answers - and hell, I have a PhD! Gid help anyone else. (Payroll were unhelpful - they just told us to be honest and HMRC would decide!)

So - can I ask for some quick answers?

1. Does the person being engaged have to do the work themselves? Yes/No. (It's a subcontract to a sole infividual. Theoretically I guess they could subcontract the work to someone else, but the work is so highly specialised she's probably the only person in the UK who could do it, and she does contractually have to get my consent to further subcontract. I think the answer's yes, but would that automatically make her PAYE?)

1. If the person is unable to carry out the work personally are they obliged to send someone else to do it? Yes/No. (The answer's no - I'd just give the work to someone else - but what's the implication of a yes answer?)

1. Who controls how the work will be carried out? At yhe discretion of the person/Supervision by [institution] staff. (I don't know what's meant by supervison here; the end product is subject to quality control, but noone is otherwise looking over her shoulder at any point but the final submission of work)

1. Can [institution] staff tell the person at any time what to do and how to do it? Yes/No (I'm not sure what's being asked - I am contractually permitted to reject shoddy work at any point and ask for it to be redone)

1. Can the worker decide how the work is done? Yes/No (similar issue to 4.)

1. Does the person enjoy profits or suffer losses arising from the engagement? Yes/No (Again , don't know what's being asked. I give them a lump sum on receipt of satisfactory work and invoice, end of.)

Can anyone help? Thanks!

They are asking questions based on the legal definitions of what is self employed, presumably incase they get into trouble about putting people onto contracts when they should be PAYE. You need to get answers from HR, because from the sounds of it some of the answers you want to give would make her PAYE not a contractor.

www.hmrc.gov.uk/employment-status/#1

Yes, I read that before I posted, but thank you. Anyone willing to advise in more detail, or is this just too boring?