I’ve looked into this previously, more for my own interest, not the reason for my original post.
Been tempted to call ACAS before to see if I could get an answer from them but never have.
I suppose the thing is, you can have two cases exactly the same as each other and one can be in your benefit, one not. The joys of an area that’s down to peoples opinions depending on how good a case you out forward.
The gov website says your most likely to be classed as an employee if most of the following are true.
they’re required to work regularly unless they’re on leave, for example holiday, sick leave or maternity leave
they’re required to do a minimum number of hours and expect to be paid for time worked
a manager or supervisor is responsible for their workload, saying when a piece of work should be finished and how it should be done
they can’t send someone else to do their work
the business deducts tax and National Insurance contributions from their wages
they get paid holiday
they’re entitled to contractual or Statutory Sick Pay, and maternity or paternity pay
they can join the business’s pension scheme
the business’s disciplinary and grievance procedures apply to them
they work at the business’s premises or at an address specified by the business
their contract sets out redundancy procedures
the business provides the materials, tools and equipment for their work
they only work for the business or if they do have another job, it’s completely different from their work for the business
their contract, statement of terms and conditions or offer letter (which can be described as an ‘employment contract’) uses terms like ‘employer’ and ‘employee’