Are you a worker or an employee?
Section 230 Employment Rights Act 1996 describes an employee as an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment. The Act describes a worker as an individual who has entered into or works under a contract of employment, or any other contract, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual (shop workers and betting workers are excluded from this description).
Employment law has made 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 and the right to receive redundancy payments, as well as 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.
Disciplinary action and capability
Discrimination at work
Surviving a workplace suspension
Health and Safety Dismissal
How to fight dismissal on Probation
How to survive a criminal charge, conviction or caution at work
Social Media and Unfair Dismissal
Surviving a disciplinary investigation at work
Surviving Capability and Performance Management
The Disciplinary Hearing
Alcohol and Drugs at work
How to prepare a schedule of loss for unfair dismissal
DOCUMENTS, FORMS AND LETTER TEMPLATES
Best of the web
Worksmart – Am I a worker, an employee or self employed?
GOV.uk – Employment Status
ACAS – Employment status types
Please note that the information on these pages are intended to guide you. Although they are kept under constant review and continuously updated, they are a summary of the law only and not a complete guide. Before taking any action based on this information you are strongly advised to take legal advice. Whilst every effort has been made to ensure that the information contained on this page is up to date and accurate, no guarantee can be given to this effect.