Worker Employment Status and Rights
As a rule, a worker would be a person who undertakes work or services for an employer. Workers may be working under a contract of employment - but not always.
WORKER: Generally, you would have 'worker employment status' if:
You have a
verbal or written contract (or an arrangement) to do work or services 'personally' for a reward. Your 'reward' is money or a benefit in kind (e.g. promise of work or a contract).
You have limit rights to send another person to do the work (such as subcontracting).
You must turn up for work (whether you want to or not).
Your employer provides the only work you have while a contract or arrangement lasts.
You do not carry out the work as part of
your own limited company where the 'employer' is a client or a customer. Worker Employment Rights
There are core work rights and protections afforded to all 'workers'. Though very similar for
employment status purposes, not all workers get classed as employees. As a rule, these groups would have worker status (but not employee status).
Short term casual workers
The majority of agency workers
UK labour laws workers have entitlement to certain employment rights. Thus, a worker would get:
In many cases having worker status in the United Kingdom means you may also have entitlement to:
Note: The agency workers regulations 2010 mean they have certain rights from their first day at work.
As a general rule, workers will not get the usual entitlement to:
Casual Work and Irregular Working Patterns
All other things being equal, an individual is more likely to have worker employment status if some or all these apply:
They carry out occasional work for a specific client or business.
The business is not compelled to offer them work and the person does not have to accept it. In simple terms, they only work when they want to.
They have a contract with a business that uses terms such as:
They had to make an agreement (verbal or written) with the terms and conditions of a business to get the work.
A manager or a director generally supervises their working procedures. Likewise, they cannot send another person to do the work instead.
A business deducts
National Insurance contributions and tax from their pay or wages. A business provides them with equipment, materials, or tools so they can perform the work.
Employment Status Worker: Rights of Workers in the United Kingdom
Last Updated 2021
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