Red Flag: You May Not Be Genuinely Self-Employed
Ask yourself one simple question:
Can you send someone else to do your work, manage that person yourself and pay them from the money you receive?
If the answer is no, this may indicate that you are not genuinely self-employed.
Warning signs include:
the contractor expects you personally to attend;
you need permission to send someone else;
any substitute must already be approved by the contractor;
you can only suggest another person, while the contractor decides whether to use them;
substitution has never happened in practice; or
you remain personally responsible for attending and completing the work.
A substitution clause in a contract is not enough if it does not reflect the real working arrangement.
Other important signs include:
the contractor controls your hours, location and daily work;
you work mainly or exclusively for one contractor;
you follow its site systems and instructions;
you are paid mainly for your personal labour;
you do not advertise to your own customers;
you carry little genuine financial risk; and
you work as part of the contractor’s team.
Simple rule: if the contractor hired you personally, controlled the work and treated you as part of its business, you may have worker rights even if you were labelled self-employed or CIS registered.