provided that evidence of some other kind (a witness to the
agreement, for example) can be relied on.
When you engage an individual to work on your production,
however short or long the engagement may be, you must be sure whether the
contract is one "for services" (ie self-employment) or "of
service" (ie employment). This is not a matter of discretion: income
tax and social security legislation, cases decided by the courts under that
legislation, and interpretation of that legislation by the Inland Revenue
and the Department of Social Security, all combine to tell you what type of
contract it must be. One of the icons at the end of this page will take you
to the Inland Revenue guidance for independent producers
on this question, as it relates to freelance production people
and crew.
As a producer, you or the company you are working for have
different responsibilities to the people you engage according to whether they
are employed or self-employed. On a practical level, you are obliged to get
a P45 tax/national insurance form from a new employee, and deduct tax and
national insurance contributions at source from his/her wages (with the minor
exceptions specified in the Inland Revenue guidance referred to in the previous
paragraph), and you must make employersâ National Insurance contributions.
You must pass the relevant amounts of tax and NI contributions on to the Inland
Revenue, with all the prescribed returns. Whereas, with