Employment rights of workers and employees

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).

 

Contracts

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.

1

2

3

Resources available

 

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

 

Disclaimer

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.

 

 

Case Study

Westlake v ZSL London Zoo (2015) An employment tribunal ruled that a London Zoo meerkat handler who got into a Christmas party fight with a monkey specialist over their love rivalry for a llama keeper was unfairly dismissed, however she received nothing in compensation.  The employment tribunal said that two zookeepers who got into a fight at London Zoo’s Christmas party should have received the same disciplinary sanction. At London Zoo’s Christmas party, zookeeper Ms Westlake got into a fight with a colleague, Ms Sanders. The fight appeared to originate over another zookeeper Mr Davies, Sanders’ former boyfriend who was... Read More
Westlake v ZSL London Zoo (2015) An employment tribunal ruled that a London Zoo meerkat handler who got into a…Meerkats v Monkeys
Business, Finance & Law