What is your Employment Status?
There may be a situation that arises which makes it important
for you to be clear about your legal employment status.
Establishing which status you hold is not always straightforward
and sometimes requires a detailed examination of all your
Should you be unsure as to your status or believe you have been
wrongly labelled, it is always worth seeking advice. You may have
more employment rights than you realise!
There are several categories which each have different
employment rights. Your legal employment status can also affect
where you can bring your claim.
If all or most of the following statements are true about your
work situation, it is likely you are classed as an employee. This
means you have the widest range of employment rights:
- You have regular working hours, a contract of employment (or
another document which describes you as an employee and sets out
things like disciplinary procedures)
- You are required to work a minimum number of hours each day,
week, or month.
- You are paid for the hours you work
- Your employer provides the things you need to do your job,
including things like tools and a space to work.
- You receive Statutory Sick Pay, Maternity/Paternity pay and
holiday pay (as appropriate),
- Your employer deducts tax and national insurance (and any other
deductions such as Student Loan payments) from your pay.
Workers have fewer rights than employees - the key attributes of
a worker are:
- You are not working as part of your own business.
- You have to do the work personally.
Workers are entitled to receive National Minimum Wage, and a
minimum period of annual leave. Depending on the amount you earn as
a worker, you may also be entitled to Statutory Sick Pay and
If you are classed as a Worker, you have protection from:
- less favourable treatment on the grounds of working part-time
- unlawful deductions from your pay
- unfair treatment at work
Do you need advice about your Employment Status?
If you think you might have a claim against your employer,
whether or not you can make that claim could depend on your
employment status. Contact our employment lawyers for advice. Call
freephone 0800 422 0241 or complete our
contact form and we will get back to you.
There are situations where a person has been labelled with a
particular status that is incorrect, for example a person may
believe themselves to be self employed or a fixed term worker when
in fact looking at the true nature of the circumstances that person
is actually an employee and has substantially more rights that
he/she originally thought.