What’s the difference between an employee, a worker and a self-employed person?

Often an individual’s employment status can be unclear and many employers may be wrong to assume which employment status their staff fall into. There are three main employment statuses an employer can use to determine their staff’s employment rights and protections:

1. Employees qualify for all employment rights, although some rights can be subject to their length of service with the Employer. In return for enjoying these employment rights, employees often have little to no flexibility, they usually have set hours, a set place of work and no choice in the work that they do.

2. Workers qualify for some employment rights. These rights include holiday pay, protection against unlawful discrimination and the right to obtain the national living wage. Workers have more flexibility than employees in particular with respect to where they choose to work, what hours they work and how much they work.

3. Self-employed independent contractors have no employment rights. They do however enjoy flexible working and usually have the ability to choose where they work and what work it is that they do.

Unfortunately, there is no set procedure that determines a person’s status however employers should make every attempt to do so to avoid the matter becoming litigious.

When selecting the appropriate employment status to use, an employer should first consider some of the following points:-

• Is the work that is required to be done something that requires skill?
• How long is the work likely to take?
• Are there timescales to the work?
• Is the work long-term?

Once an employer has considered the above points along with the different employment statuses available to them, they ought to be in a better position to determine a suitable employment status. We offer an Employment Law Helpline under which we are able to advise and assist you on day-to-day HR matters for a fixed annual fee or alternatively on a pay as you go basis that is tailored to your business needs allowing you to budget accordingly. Get in touch to find out more.

Employment Law Support

Allington Hughes Law provides an Employment Law Helpline that advises and assists you on day-to-day HR matters as they arise.

They can provide this service on a pay as you go basis or on a fixed retainer plan that is tailored to your business need. To find out more contact Melissa Bramwell – [email protected] or telephone on 01978 291000