Guide. Last reviewed 3 November 2026
How to hire a software developer
Here is how to hire software developers. Choose a route, write a role brief, screen against it, check the legal basics and make an offer. The routes are employee, contractor, agency or dedicated developer. Each changes who employs the person, who directs the work and what you must check.
If you hire software developers for the first time, the route matters more than the job advert. It decides your legal duties, your costs and how easily you can change course.
Which route should you take to hire a software developer?
There are four common routes. The table compares them on the points the law cares about: who employs the person and who controls the work.
Routes
Employee, contractor, agency or dedicated developer
GOV.UK says courts and tribunals can make final decisions on employment status, and that a person can have a different status in tax law.
| Route | Who employs the developer | Who directs the work | What to check |
|---|---|---|---|
| Employee | You, under an employment contract | You or a manager. GOV.UK lists a manager being responsible for the workload as a sign of employee status | Right to work check, written terms, statutory pay and leave |
| Contractor | They work for themselves, often through their own company | They are not under direct supervision, according to GOV.UK's list of signs of self employment | Employment status, off payroll (IR35) rules, a written contract for services |
| Agency | The worker has a contract with the agency and works temporarily for you | You direct the work; the contract is between you and the agency | Agency terms, transfer fees if you later hire the person, agency worker rights |
| Dedicated developer through a provider | Depends on the provider's model. Ask for it in writing | Depends on the provider's model. Agree it in the contract | Contract terms, notice, replacement, intellectual property |
This table is general. Your own facts decide status. If you are unsure, ask Acas or a solicitor, and use the HMRC checker for tax status.
Employee
GOV.UK says an employee works under an employment contract. GOV.UK says workers are entitled to most types of statutory pay, but only employees get statutory pay and leave.
A contract forms as soon as someone accepts a job offer. GOV.UK says it does not have to be written down. Write it down anyway.
Contractor
GOV.UK says someone is probably self employed if they are self employed for tax and most of the following are true.
- They put in bids or give quotes to get work.
- They are not under direct supervision.
- They submit invoices for the work.
- They pay their own National Insurance and tax.
- They get no holiday or sick pay.
- They operate under a contract for services, sometimes called a consultancy agreement, that uses terms like self employed, consultant or independent contractor.
If the developer works through their own company, the off payroll working rules (IR35) may apply. GOV.UK says that in most cases the client decides the worker’s status. For small clients outside the public sector, the worker’s own company decides.
The rules apply contract by contract. HMRC’s employment status checker gives HMRC’s view based on the information you enter, and the result can be used as a status determination statement.
Agency
GOV.UK says you are an agency worker if you have a contract with an agency but work temporarily for a hirer. Someone who uses an agency to find permanent or fixed term work is not an agency worker.
For a comparison of agency and augmentation routes, read our guide to staff augmentation or a recruitment agency.
Dedicated developer
A dedicated developer works only on your projects but is supplied by a provider. Who employs them depends on the provider’s model. Ask for it in writing.
See our hire dedicated developers service. We agree terms in writing before work starts.
How do you write a developer role brief?
A role brief states the outcome you need, not a list of tools. Candidates and suppliers both work better from a clear brief.
- The outcome. What should exist or work after six months?
- The stack. Languages, frameworks and systems the developer will touch, split into essential and useful.
- The level. How much independence you expect and who they will work with.
- The working pattern. Hours, time zone overlap, meetings and where the work happens.
- The route and term. Employee, contractor or supplied, and for how long.
- The budget range. Candidates screen themselves out faster when they can see it.
- The process. The stages, who they meet and how long you will take to reply.
Keep the wording lawful. GOV.UK says you must not state or imply in a job advert that you will discriminate against anyone. A term like “recent graduate” should reflect a real requirement.
How do you screen and interview developers?
Use the same stages and questions for every candidate and score each against the brief. That makes the comparison fair and the decision easier to explain.
- Screen against the brief. Check experience and examples of past work against the essentials.
- Hold a short call. Confirm availability, working pattern and expectations.
- Set a practical task. Keep it small and related to your real work. Agree how long it should take.
- Hold a technical conversation. Ask the candidate to explain their choices in the task and in past projects.
- Meet the team. Check how they communicate and ask questions.
- Take up references. Ask about reliability and how they handle feedback.
GOV.UK says you must not ask candidates about protected characteristics. You can only ask for a date of birth on an application form if the job needs a certain age. Health questions are allowed only in limited cases, such as finding out whether someone needs help with a selection test.
If you use an AI tool to screen CVs, read the ICO’s key data protection considerations for AI in recruitment first. Its wider recruitment and selection guidance applies to employers and to recruiters acting for them.
What should you check before an offer?
Right to work
GOV.UK says you must check that a job applicant is allowed to work for you in the UK before you employ them. There are three ways to check. You can use an online check with a share code, check original documents by hand or use an identity service provider.
Make a clear copy and record the date of the check. Keep the copy for the length of employment and for two years after it ends. You could face a civil penalty if you do not carry out a correct check.
Employment status and contract
Agree the status in writing at the start. GOV.UK warns that employment status helps determine rights and responsibilities and that a person can have a different status in tax law.
Scope, ownership and security
For any route, agree who owns the code, how the developer accesses your systems and what happens to your data when they leave. These are points to settle in the contract. They are not rules from GOV.UK.
How long does it take to hire a developer?
We have not found a reliable public figure, so we do not quote one. The time depends on the role, the stack, the route and how quickly you decide.
Ask any supplier how long recent searches for similar roles took. We confirm what is realistic for your role on a call.
Sources
Every figure or rule on this page comes from a public page we opened and read. Last reviewed 3 November 2026.
- GOV.UK: Checking a job applicant’s right to work, for the three check methods, timing, record keeping and the civil penalty.
- GOV.UK: Employment status, employee, for the definition of an employee and workload control.
- GOV.UK: Employment status, self employed and contractor, for the signs of self employment.
- GOV.UK: Employment status, for the role of courts and tribunals and tax status.
- GOV.UK: Agency workers’ rights, for who counts as an agency worker.
- GOV.UK: Understanding off payroll working (IR35), for who decides status and the contract by contract rule.
- GOV.UK: Check employment status for tax, for what the HMRC checker does.
- GOV.UK: Employment contracts and conditions, for when a contract starts and whether it must be written.
- GOV.UK: Preventing discrimination, recruitment, for adverts, interview questions and protected characteristics.
- ICO: Recruitment and selection, for who the guidance covers and its review status.
- ICO: Thinking of using AI to assist recruitment, for the questions to ask about AI tools in hiring.
This guide is general information, not legal advice. For your own contracts, speak to a solicitor or Acas.
FAQ
Hiring a developer questions
How do I hire a software developer?
Choose a route and write a role brief. Screen candidates against it and interview with a practical task. Check right to work, status and references before an offer, and put the contract in writing.
Should I hire a freelancer or an employee?
It depends on the control you need and how long the work lasts. GOV.UK links employee status to a manager controlling the workload, and self employment to bids, invoices and no direct supervision. Check status before you start.
What should a developer job brief include?
The outcome you need, the skills, the level, the working pattern, the route and term, a budget range and the hiring process. Keep the wording lawful.
How do I test a developer?
Set a small practical task related to your real work, agree how long it should take and ask the candidate to explain their choices. Use the same task and scoring for every candidate.
Do I need to check right to work?
Yes, for anyone you employ. GOV.UK says you must check that a job applicant is allowed to work for you in the UK before you employ them. You could face a civil penalty if you do not do it correctly.
When does a dedicated developer make sense?
When you need steady capacity on your own projects without a permanent hire. Ask the provider who employs the person and what the notice and replacement terms are. We agree terms in writing before work starts.
Related service
Dedicated developers from Zemash
If you want a developer who works on your projects without a permanent hire, see our hire dedicated developers service. For a wider view, read our guide to hiring remote staff in the UK and our explainer on recruitment process outsourcing.
Last reviewed 3 November 2026. Written by Zemash Ltd.
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