Other factors considered to determine whether you are caught by IR35 include the contract type, whether you are taking a financial risk, if you are 'part and parcel' of the engager's organisation, being in business on your own account and provision of equipment.
All this evidence is taken into account, and if the balance of probabilities is that the worker is an employee then IR35 applies. For example, if a worker has an unfettered right to send a substitute in their place, personal service is not required and IR35 wont apply.
If the answer is NO to any of these, it is likely to be picked up at a status enquiry from the HMRC. Genius Money provide guidance on how to run a compliant workforce, contact us today to find out more.