Employee, Worker or Self-Employed?



EmployeesSomeone is an employee if most of the following are true:They are required to work regularly unless on leave (holiday, sick, maternity)They are required to work (usually) a specified number of hours and expect to be paid for time workedA manager or supervisor is responsible for their workload, deadlines and how it should be doneThey cannot send someone else to do the workTax and National Insurance contributions are deducted from their wagesThey are entitled to contractual/statutory sick pay, maternity/paternity pay?etcDisciplinary and grievance procedures apply They work at the organisations’ premises or at a specified addressThe organisation provides the materials, tools and equipment for their workThe contract, statement of terms and conditions or offer letter uses terms like ‘employer’ and ‘employee.WorkerSomeone is a worker if most of the following are true:-They occasionally do work for the organisationThe organisation does not have to offer work and they do not have to accept itThe contract uses terms like ‘casual’, ‘sessional’ ‘bank, ‘zero hours’, ‘as required’ or similarThey were required to agree with the organisational terms and conditions to be offered work They are under the supervision or control of a manager They must do the work in person and cannot send someone else to do their work (or have very limited ability to do so)Tax and National Insurance contributions are deducted from their wages The organisation provides the materials, tools and equipment for their workSelf-EmployedSomeone is self-employed if most of the following are true:-They put in bids or give quotes to get workThey have specific pieces of work or projects to do but decide how to do the workThey are not under direct supervision when workingThey can hire someone else to do the workThey submit invoices for the work they have doneThey are responsible for paying their own tax and National InsuranceThey provide their own equipmentThey do not receive paid annual leave or sick pay Unsatisfactory work is redone in their own time and at their own expense?They are responsible for losses and taking profits from their workThey provide services to a number of different clients or customersThey operate under a contract?which uses terms like ‘self-employed’, ‘consultant’ or ‘independent contractor’?Why you need to know this?Employees and workers have different rights under employment legislation. See the list below which shows the difference in rights between employees and workers, and whether any length of service is needed to acquire a particular right.Summary Table of Key Employment RightsEmployment RightQualifying periodEmployeeWorkerPaid annual leave (5.6 weeks/28 days) ImmediateAutomatic enrolment in workplace pension (if eligible)3 monthsEquality Act 2010 protection (age, disability, gender reassignment, marriage & civil partnership, pregnancy & maternity, race, religion or belief, sex or sexual orientation) ImmediateHealth & Safety provisions ImmediateWorking Time Regulation protectionImmediatePublic Interest Disclosure rights (whistleblowing) ImmediateEqual pay ImmediateUnlawful deduction from wages ImmediateNational minimum wage ImmediateRight to be accompanied at all formal meetings ImmediatePart time workers: no less favourable treatmentImmediateFixed term employees: no less favourable treatmentImmediateMaternity/Adoption/Shared Parental leave ImmediateAnte-natal care – paid time offImmediateLeave for care of dependantsImmediateTrade Union membership rightsImmediateTime off for TU and pension trustee dutiesImmediateTime off for public dutiesImmediateProtection under TUPEImmediateItemised pay statementsImmediateNotice of termination – 1wk for each complete year1 monthGuarantee payments1 monthMedical suspension pay1 monthWritten statement of employment termsImmediate Statutory Sick Pay 3 monthsRight to request flexible working26 weeksStatutory Maternity / Paternity / Adoption / Shared Parental Pay 26 weeksWritten reasons for dismissal1 yearOrdinary (unpaid) Parental leave1 yearUnfair dismissal protection2 years Statutory Redundancy Payment2 yearsTime off during redundancy notice period2 years ................
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