Workers

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 (your contract doesn’t have to be written)
• 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)
• they have to turn up for work even if they don’t want to
• their employer has to have work for them to do as long as the contract or arrangement lasts
• they aren’t doing the work as part of their own limited company in an arrangement where the ‘employer’ is actually a customer or client

Employment rights for workers:

Workers are entitled to certain employment rights, including:

• getting the National Minimum Wage
• protection against unlawful deductions from wages
• the statutory minimum level of paid holiday
• the statutory minimum length of rest breaks
• to not work more than 48 hours on average per week or to opt out of this right if they choose
• protection against unlawful discrimination
• protection for ‘whistleblowing’ - reporting wrongdoing in the workplace
• to not 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 aren’t entitled to:

• 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 doesn’t have to offer them work and they don’t 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 can’t 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