A person is generally classed as a ‘worker’ if:
- they have a contract or other arrangement to do work or services personally for a reward (a contract can be written or unwritten)
- their reward is for money or a benefit in kind, for example the promise of a contract or future work
- they only have a limited right to send someone else to do the work (subcontract)
- their employer has to have work for them to do as long as the contract or arrangement lasts
- they are not doing the work as part of their own limited company in an arrangement where the ‘employer’ is actually a customer or client
Employment rights
Workers are entitled to certain employment rights, including:
See Also
How to Prepare for the United Kingdom Credibility InterviewUK Work Visa for US citizensProve your right to work to an employerProve your right to work to an employer- getting the National Minimum Wage
- protection against unlawful deductions from wages
- thestatutory minimum level of paid holiday
- the statutory minimum length of rest breaks
- to work no more than 48 hours on average per week or to opt out of this right if they choose
- protection against unlawful discrimination
- protection for ‘whistleblowers’ who report wrongdoing in the workplace
- not to be treated less favourably if they work part-time
They may also be entitled to:
- Statutory Sick Pay
- Statutory Maternity Pay
- Statutory Paternity Pay
- Statutory Adoption Pay
- Shared Parental Pay
Agency workers have specific rights from the first day at work.
Workers usually are not entitled to:
See Also
Proof of right to work in the UK- minimum notice periods if their employment will be ending, for example if an employer is dismissing them
- protection against unfair dismissal
- the right to request flexible working
- time off for emergencies
- Statutory Redundancy Pay
Casual or irregular work
Someone is likely to be a worker if most of these apply:
- they occasionally do work for a specific business
- the business does not have to offer them work and they do not have to accept it - they only work when they want to
- their contract with the business uses terms like ‘casual’, ‘freelance’, ‘zero hours’, ‘as required’ or something similar
- they had to agree with the business’s terms and conditions to get work - either verbally or in writing
- they are under the supervision or control of a manager or director
- they cannot send someone else to do their work
- the business deducts tax and National Insurance contributions from their wages
- the business provides materials, tools or equipment they need to do the work
