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GLOSSARY

Worker definition

/ˈwəːkə/

Published by a LexisNexis Employment expert

What does Worker mean?

Persons satisfying case law tests for worker status qualify for a narrower scope of employment protections than employees. The worker category includes all employees, plus all individuals working under contracts requiring them to do or perform work personally, but excludes relationships where an individual is running a business for clients/customers.

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Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist

Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist This Checklist provides an overview of the questions to be asked when determining: • which system of law is applicable to a contract of employment or employment relationship (applicable law) • whose courts and/or tribunals should decide an employment case (jurisdiction), and • how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights) Brexit impact From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK...

Written statement checklist—until 5 April 2020 [Archived]

Written statement checklist—until 5 April 2020 [Archived] FORTHCOMING CHANGE: On 6 April 2020, the Employment Rights (Miscellaneous Amendments) Regulations 2019, SI 2019/731 extend the right to a written statement of employment particulars to all categories of ‘worker’, not just ‘employees’. With effect from the same date the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018, SI 2018/1378, make that right apply when an individual starts work (ie a day 1 right) and require further information to be included in the particulars including the days of the week required to be worked (and details of any variation to that), details of any terms and conditions relating to any paid leave plus particulars of any other benefits, any probationary period and training. For more information, see: Checklist—section 1 ERA 1996 written statement requirements and reports: LNB News 18/12/2018 123 and LNB News 19/12/2018 122. ARCHIVED: This archived Checklist sets out the particulars of employment that, until 5 April 2020, must be included in a written statement of particulars of employment, in order to comply with...

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Global Talent: applying for permission

Global Talent: applying for permission The Global Talent route is designed to attract leaders in their field in certain disciplines, or those who have the potential to become leaders. These disciplines cover: • arts and culture (including architecture, fashion design, and film and television) • digital technology, and • science, engineering, humanities and medicine The route is found in Immigration Rules, Appendix Global Talent, which came into force on 1 December 2020 and was introduced by Statement of Changes in Immigration rules HC 813. It was previously contained in Appendix W of the Immigration Rules and largely replaced the Tier 1 (Exceptional Talent) route, which was closed to new applicants and those extending their stay from 20 February 2020. Persons with permission as a Tier 1 (Exceptional Talent) migrant must apply for settlement under the Global Talent route (when they are eligible to do so). Those looking to extend their permission must switch to the Global Talent route before the expiry of their existing permission. The Practice Note:...

Pay and wages

Pay and wages This Practice Note examines the nature of pay, including the employer’s duty to pay wages or salary, the ‘work/wages bargain’ and the effect of factors such as sickness, unwillingness to work and absence from work for other reasons. It considers how the amount of wages is regulated and outlines an employee’s right to an itemised pay statement and remedies where there is a failure to pay wages. Interaction of common law and statutory rights The essence of employment is pay in return for work; the employer's obligation to provide consideration for the individual’s work and skill in the form or a wage or other remuneration is generally regarded as a fundamental ingredient of a contract of employment, as set out in Ready-Mixed Concrete (see Practice Note: Employee status—Determining whether an individual is an employee: overview). Duty to pay wages There is a duty to pay wages whenever an employee is ready, willing and able to work. For more detailed information on how this...

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ET3 Response to claim for less less favourable treatment of part-time worker

ET3 Response to claim for less less favourable treatment of part-time worker [Insert in para 6.1 of response form ET3:] 1 [The Respondent denies that the Claimant was treated less favourably on grounds of part-time working as alleged or at all.] 2 It is [accepted OR not accepted OR denied OR that the Claimant has been employed by the Respondent as [insert job title, eg ‘an administrative assistant'] since [insert start date of employment]. 3 It is accepted OR not accepted OR denied] that the Claimant works part-time. [Insert any further details regarding the claimant’s hours and what full-time hours are at the respondent, as appropriate, eg if they are not quite as described in the ET1 claim form.]. 4 [Insert details of response to any contractual terms set out in the claim form, eg ‘The Respondent accepts that the Claimant’s contract of employment makes no provision at all for the payment of travel expenses.] 5 [Set out the details of the respondent’s position on whether the named...

ET1 grounds of claim—detriment: protected disclosure to employer

ET1 grounds of claim—detriment: protected disclosure to employer [Insert in para 8.1 of claim form ET1:] 1 The Claimant is employed in the planning department of the Respondent local authority. On [insert date], he discovered some documents which indicated to him that a senior planning officer in the department had, on a number of occasions, accepted gifts, including money, from contractors with the council. The Claimant subsequently discovered that other officers were also involved in similar corrupt acts. 2 The Claimant reported this information to the head of the department who said that he would look into it. However, there was no investigation and no action was taken against the officers concerned. Instead, the Claimant soon became aware that he was being shunned by his superior officers and excluded from policy group discussions in which he had previously been involved. 3 On [insert date], the Claimant applied for promotion within the department. Prior to his disclosures, the Claimant had been assured by his line manager that he

Dive into our 158 Precedents related to Worker

When an organisation wishes to add several branches to its Sponsor Licence, can this be done ‘in bulk’ (via one report on the Sponsor Management System and then a single submission of supporting documentation relating to each of the new branches), or must an individual SMS report be made for each new branch?

When an organisation wishes to add several branches to its Sponsor Licence, can this be done ‘in bulk’ (via one report on the Sponsor Management System and then a single submission of supporting documentation relating to each of the new branches), or must an individual SMS report be made for each new branch? Practice Note: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability notes that an organisation which has different subsidiaries, location offices or campuses (all of which are termed 'branches' for these purposes) in the UK can choose to register: • all its branches together under one licence • all its branches separately, or • several of its branches together, eg by location The relevant section of the sponsor guidance is at Workers and Temporary Workers Sponsor Guidance, Part 1, Organisations with multiple branches. Where a sponsor wishes to add new branches subsequent to the grant of a licence, the Practice Note: Workers and Temporary Workers sponsor duties: sponsor changes of circumstances notes that...

Once entry clearance has been granted under the Senior and Specialist Worker route, is there any method by which the start date on the visa can be bought forward if the start date for the role alters? Eg where the original start date for the role was the same date as the date the visa was granted from, but now the sponsor wants to make it earlier.

Once entry clearance has been granted under the Senior and Specialist Worker route, is there any method by which the start date on the visa can be bought forward if the start date for the role alters? Eg where the original start date for the role was the same date as the date the visa was granted from, but now the sponsor wants to make it earlier. We are not aware of any method by which an entry

See the 653 Q&As about Worker

Share Incentives weekly highlights—19 June 2025

This week's edition of Share Incentives weekly highlights includes: (1) a focus on executive pay, as the AGM season continues and (2) a new Q&A which considers whether business asset disposal relief can be available where an EBT trustee is holding shares as bare trustee for an employee.

Employment weekly highlights—19 June 2025

This edition of Employment weekly highlights includes: (1) an EAT judgment opining that an autism or ADHD diagnosis is not just a label (ie an impairment); it is also a relevant factor when considering substantial adverse effect for disability discrimination purposes, (2) an EAT ruling upholding a tribunal’s finding that a failure to provide a mask during COVID-19 did not breach the duty to make reasonable adjustments, (3) news that the Data (Use and Access) Bill has received Royal Assent, (4) an EAT ruling clarifying that time spent in the early conciliation process prior to the start of the limitation period cannot be added on to extend time, (5) the latest employment tribunal statistics from the Ministry of Justice, (6) an EAT judgment confirming that the ET had jurisdiction to hear discrimination claims against non-UK-domiciled respondents, (7) dates for your diary, and (8) other news items of interest to employment practitioners.

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