Different types of workers

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This section gives you information about your rights and obligations depending on whether or not you are an employee, and the type of employee you are. Employment law makes a distinction between employees as those who enter into a “contract of service”, and workers as those who have a “contract personally to perform work”.  Employees have the right not to be unfairly dismissed under the Employment Rights Act, the right to receive redundancy payments, as well as many other statutory rights. Workers don’t have the same privileges, but have entitlements to statutory rights such as those under the Working Time Regulations 1998. Workers also have the right not to be discriminated against under the Equality Act 2010.

You have specific rights depending on the type of employee or worker that you are. Your employment rights vary depending on whether you are a worker or an employee. Even then, there are more layers in your employment status.  See Differences between employees and workers

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Contract types and employer responsibilities

Employment status indicator

Employment status – employed or self-employed?

Pensions regulator on different types of workers

Employment status

Contract types and employer responsibilities

TUC – Employment status and rights 

 

 

Disclaimer 

This resource is published by Employee Rescue Limited. Please note that the information and any commentary on the law contained herein is provided free of charge for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice. Employee Rescue accepts no responsibility for any loss occasioned to any person acting or refraining from action as a result of the material contained in this update. Further specialist advice should be taken before relying on the contents of this summary. No part of this summary may be used, reproduced, stored in a retrieval system or transmitted in any form without the prior permission of Employee Rescue Ltd.

 

 

Case Study

Introduction Employment law recognises three types of working individual for employment status, which are; An Employee A worker (Limb b) A self-employed contractor These categories are very important because it is your employment status that determines your statutory rights at work. Employee’s have all the rights in the Employment Rights Act 1996 (ERA 1996), workers have a few and self-employed individuals have none. In Clyde and Co LLP v Bates van Winkelhof, the Supreme Court said that the law recognises two types of self-employed people. The first type are micro-entrepreneurs or professionals contracting with clients or customers. The second type, who... Read More
The Uber Case [2017] and Worker Status
Business, Finance & Law