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Non Employment Declaration Form

Non Employment Declaration Form for the United Kingdom

Non Employment Declaration Form Template for England and Wales

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Key Requirements PROMPT example:

Non Employment Declaration Form

"I need a Non Employment Declaration Form for a software developer who will be providing services through their limited company, starting March 2025, and we need to ensure clear documentation of their contractor status for IR35 purposes."

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What is a Non Employment Declaration Form?

The Non Employment Declaration Form is utilized when organizations need to clearly establish and document that an individual providing services is not an employee. This distinction is crucial for tax purposes, employment rights, and legal obligations under English and Welsh law. The document typically includes personal details, working arrangements, tax status confirmations, and specific declarations about the nature of the business relationship. It's particularly relevant in contexts where there might be ambiguity about employment status or where organizations work with independent contractors, consultants, or freelancers.

What sections should be included in a Non Employment Declaration Form?

1. Personal Details: Full name, address, and contact information of the declaring individual

2. Work Relationship Declaration: Clear statement of non-employment status and relationship with the company

3. Service Details: Nature of services provided and working arrangements

4. Tax Status Confirmation: Declaration of responsibility for own tax affairs

5. Signature Block: Date and signature confirming the declaration

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

1. Previous Employment History: Used when there's a need to confirm no prior employment relationship with the company

2. Company Resources Usage: Declaration regarding use of company facilities or equipment when declaring party has access to company resources

3. Conflict of Interest: Declaration of any potential conflicts when declaring party works with multiple clients

What schedules should be included in a Non Employment Declaration Form?

1. Identity Verification Documents: Copies of identification documents required for verification purposes

2. Insurance Certificates: Proof of relevant insurance coverage if required for the services

3. Professional Qualifications: Copies of relevant qualifications or certifications if applicable to the services provided

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions




















Clauses




















Industries

Employment Rights Act 1996: Primary legislation that defines employment status and rights, and establishes the fundamental distinctions between employees, workers, and self-employed individuals

Employment Status Act 2023: Recent legislation providing updated employment status tests and clarification of employment relationships

National Minimum Wage Act 1998: Legislation relevant for ensuring proper classification of workers and their wage entitlements

Social Security Contributions and Benefits Act 1992: Legislation governing tax and National Insurance contributions implications for different employment statuses

Control Test: Legal test examining the degree of control the engaging party has over how, when, and where work is performed

Mutuality of Obligation Test: Legal test assessing whether there is an obligation for work to be offered and accepted between parties

Personal Service/Right of Substitution Test: Legal test evaluating whether the individual must perform the work personally or can send a substitute

IR35 Legislation: Off-payroll working rules determining tax status for contractors and preventing disguised employment

HMRC Guidelines: Official guidance on employment status indicators and self-employment criteria

Relevant Case Law: Collection of legal precedents defining employment status, including recent gig economy cases

Data Protection Act 2018: UK GDPR implementation legislation governing the handling of personal information in employment documentation

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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