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Non Employment Certificate Self Declaration for the United Kingdom

Non Employment Certificate Self Declaration Template for England and Wales

A Non Employment Certificate Self Declaration is a formal document used in England and Wales where an individual declares their status as a non-employee, typically as an independent contractor or freelancer. This legally binding document helps establish the nature of the working relationship between the declarant and the contracting organization, providing clarity on employment status and helping both parties manage their obligations under employment and tax law.

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What is a Non Employment Certificate Self Declaration?

The Non Employment Certificate Self Declaration serves as a crucial document in England and Wales for individuals who need to formally establish their status as non-employees. It is commonly used when engaging contractors, consultants, or freelancers to clearly differentiate the relationship from employment. The document typically includes personal details, nature of work, confirmation of independent status, and relevant business information. This declaration helps organizations manage IR35 compliance and provides evidence of self-employed status for tax and legal purposes. It's particularly important in situations where there might be ambiguity about the working relationship's nature.

What sections should be included in a Non Employment Certificate Self Declaration?

1. Personal Details: Declarant's full name, address, and relevant identification

2. Declaration Statement: Clear statement confirming non-employment status

3. Work Relationship Description: Details of actual working relationship and role

4. Confirmation of Understanding: Acknowledgment of legal implications

5. Signature Block: Space for signature, date, and witness details

What sections are optional to include in a Non Employment Certificate Self Declaration?

1. Professional Qualifications: Include when relevant to proving independent contractor status

2. Business Details: Include when declarant operates through a company

3. Previous Relationships: Include when there's relevant history with the organization

What schedules should be included in a Non Employment Certificate Self Declaration?

1. Evidence of Business Status: Company registration, VAT registration, etc.

2. Insurance Certificates: Professional indemnity, public liability insurance

3. Service Agreement Reference: Details of any associated service agreements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions


























Clauses
























Industries

Employment Rights Act 1996: Primary legislation defining employment status and rights, crucial for distinguishing employment from non-employment relationships and understanding statutory definitions of employment status

Employment Status Case Law: Key case law including Ready Mixed Concrete v Minister of Pensions [1968], establishing tests for employment status based on control, mutuality of obligation, and personal service

IR35 Legislation: Off-Payroll Working Rules from Finance Act 2000 and subsequent amendments, addressing disguised employment concerns and tax implications

Social Security Contributions and Benefits Act 1992: Legislation governing the implications and distinctions between self-employed and employed status for social security purposes

Misrepresentation Act 1967: Legislation ensuring truthful declarations and outlining consequences of false statements in legal documents

Perjury Act 1911: Law governing sworn statements and declarations, relevant for ensuring the legal validity of self-declarations

Data Protection Act 2018: Legislation incorporating UK GDPR requirements for handling personal information within legal declarations and documents

False Statements Act 2012: Legislation dealing with consequences of making false declarations to obtain gain or advantage

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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