Business owners need to take a proactive approach to reviewing
arrangements to ensure that the business is not exposed to material liabilities.
Key factors include:
- Whether the work involves a particular profession or skill set.
- The level of control the contractor has over how the contract is executed.
- The ability of the contractor to delegate work to another person.
- Whether the contractor supplies his own tools or equipment.
- Whether the contractor has his own place of business.
- The contractor's ability to generate goodwill or saleable assets during the course of the contract.
- How the contractor is paid (for hours worked or a result).
- The level of risk the contractor bears.
- Whether the contractor is independent or in reality, simply 'part and parcel' of the organisation they contract to.
- No single factor is determinative; it is the weight of evidence, on balance, across all of the factors.