Worker status
Worker status

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Worker status
  • Definition of 'worker'
  • How to interpret the contract
  • Contrast with the test for employee status
  • Relevance of mutuality of obligation
  • Personal service and rights of substitution
  • Not a client or customer of the individual's business
  • Protected rights enjoyed by 'workers'
  • Provision of an itemised pay statement
  • Provision of a written statement of particulars of employment
  • More...

Worker status

UPDATE: The government published a consultation on employment status on 7 February 2018 seeking views on how to make the employment status rules for employment rights and tax clearer for individuals and businesses. See our reports: ‘Good Work’ response to the Taylor Review published by government and LNB News 07/02/2018 105. In its ‘Good Work Plan’ published in December 2018 the government indicated that it agreed with Matthew Taylor’s recommendation that the employment status frameworks for employment tax and rights should be aligned and that it would bring forward detailed proposals on how this could be done. The government also stated that it intended to legislate to ‘improve the clarity of the employment status tests, reflecting the reality of modern working relationships’ and improve the guidance and online tools available to help people understand their status. For further information, see our report: Government’s Good Work Plan to take forward Taylor Review recommendations.

A number of key employment rights (such as unfair dismissal, maternity leave and redundancy pay) are only provided to individuals who are regarded in law as 'employees', ie who work under a contract of employment (see Practice Note: Employee status). However, many other rights are provided to a wider category of 'workers', which includes but is not limited to employees (ie all employees are also workers, but

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