Employment status defines workers' rights and responsibilities in the workplace. So, each status of employment will determine the actual employment rights of workers.
WORKERS' RIGHTS: There are three main types of employment status. They are a worker, an employee, and a self-employed worker.
As a general rule, workers' rights that apply to a 'worker' would also apply to an 'employee'.
Even so, the definitions do have some key differences for the purposes of employment legislation.
Employees form the vast majority of people in the workforce. Working under a contract of employment means you would get classed as an employee.
The law obliges all employers to deduct Income Tax and NIC from salary of their employees. Because of this, the minimum rights of all employees grants them access to:
Note: A minimum term of continuous employment is a requirement for some employment rights of workers.
Any individual who carries out work for an employer is a worker. In most cases, the undertaking will be under a contract of employment. Thus, an individual accepts to perform work or services for a person or a company.
Workers have entitlement to the core employment rights and legal protection. Even so, there are specific groups of people who are more likely to be workers than employees. They include agency workers, freelancers, and short term casual workers.
Note: Acas offers free and confidential guidance to help resolve most workplace disputes. You can contact them by telephone, text phone, or through their website.
Advisory, Conciliation and Arbitration Service (Acas)
Telephone: 0300 123 1100
Monday, Wednesday, Thursday: 8am to 8pm
Tuesday and Friday: 8am to 6pm
Saturday: 9am to 1pm
FARM WORKERS' RIGHTS: The section explains agricultural workers' rights in the United Kingdom. It includes pay rates, holiday leave, overtime, and the agricultural minimum wage.
MONITORING WORKERS: If workers are being monitored at work by employers it must be legal and fair. Check your rights on monitoring that takes data, images, or requires drug testing.
EMPLOYER IS INSOLVENT: If an employer is unable to pay their debts it means they are insolvent. Check the rights of employees upon employer insolvency and how to claim back any money owed.
PREVENTING DISCRIMINATION: All employers must prevent unlawful discrimination in the workplace. Find out how preventing discrimination applies to recruitment and in employment.
WORKING PAST STATE PENSION AGE: The law no longer forces people to give up work at State Pension age. Thus, you can continue working after State Pension age and still get your pension.
WORKING WHILE PREGNANT: Information about pregnant employees' rights in the workplace. Employers must provide pregnant workers with the appropriate protection law for pregnancy at work.
Employment Rights of Workers in the United Kingdom