contract-law united-kingdom employment terms-of-service
Why am I given a contract for services instead of a contract for employment?
<p>I work at a UK university doing part-time teaching. I was looking into statutory sick pay recently, which I see can be claimed by someone on an employment contract. When I look at my contract with the university, I see that they have given me a contract for services. They explicitly state a couple of times in the contract that it is not a contract for employment.</p>
<p>I can see why it would be advantageous for the University not to have to pay me sick pay when I'm ill. Are there any other reasons why they may have given me a contract for services instead of a contract for employment? Are there any potential positive aspects for me about having a contract for services?</p>
<p>I had a look at a definition <a href="https://uk.practicallaw.thomsonreuters.com/2-200-3109?transitionType=Default&amp;contextData=(sc.Default)&amp;firstPage=true" rel="nofollow noreferrer">here</a>, and it says that a contract for services is for <em>&quot;appointing a genuinely self-employed individual such as a consultant&quot;</em>. Before looking at my contract more carefully in the last couple of days, I had always understood my relationship with the university to be as an employee. I can't see what about my job there makes me a &quot;genuinely self-employed individual&quot;, apart from the fact that the university have chosen to define my role in that way. To me it feels disingenuous to have been given this contract for services  instead of a contract for employment, and I suspect that the university have done this for the purpose of avoiding any benefits that come along with an employment contract such as statutory sick pay. Does anybody know if it is standard for UK universities to use contracts for services for their part-time teaching work?</p>
<p>Is there any way that I could reasonably raise this with the university, or with my academic department, to try to be treated as an employee rather than self-employed? Maybe it would be best for me to speak to the teaching union?</p>

<h2>You are probably an <a href="https://knowledge.leglobal.org/eic/country/united-kingdom/legal-framework-differentiating-employees-independent-contractors-21/" rel="nofollow noreferrer">employee</a></h2>
<p>Answer these questions:</p>
<ul>
<li>Can you say “no” when the University offers you work? Or vice-versa, can they say “no” when you want to work?</li>
<li>Can you subcontract the work? That is, can you hire someone to do what the University hired you to do?</li>
<li>Do you control how and when you work? For example, when you break University rules are you subject to University discipline or is this treated as a breach of contract? Do you provide your own tools and equipment?</li>
<li>Can you make a profit or loss (if you get paid by the hour the answer is “no”)?</li>
<li>Do you take out your own public liability and/or professional indemnity insurance?</li>
</ul>
<p>If the answers to most of these questions are “no”, you’re an employee.</p>
