Skip to main content

Insight article

May 31, 2021

Are you a worker?

Worker status was created to reflect the fact that some individuals, whilst not employees, are not fully independent either and are deserving of some protection under law.

Section 230(3) of the Employment Rights Act contains a two-part definition for worker status. Part one defines a worker as an individual who has entered into or works under a contract of employment (all employees, therefore, are also workers).

The second part of the definition requires different elements to be present:

  • there must be a contract with the organisation, but this contract does not have to be expressly written, as was the case in Uber (see my earlier article on this latest case), where the contracts were implied;
  • the individual must be contracted to do the work personally (the personal service test) and not in a business capacity. It follows then, that the contract cannot be with a customer or client of any business undertaking; and
  • finally, there must be mutuality of obligation, meaning work must be given and paid for by the organisation.

A defining feature of a worker is that they must turn up for work even if they do not want to, whereas someone who is self-employed can decide when they work.

Another feature is that self-employed individuals have control over the way in which the work is carried out. Self-employed people also pay their own tax and national insurance, whereas workers and employees pay tax using the PAYE system, which deducts the tax and national insurance at source.

If you need help determining your employment status or believe you have a worker status claim, call Karen Cole today.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • RIAA Barker Gillette (UK) acts for Alexander Nix in Commercial Litigation
    Press Release


    Read more
  • New sexual harassment rules may signal changes to office parties or a decline altogether
    Tomorrow is expected to be one of the busiest nights for office Christmas parties this year. While these celebrations are a staple of the festive season, offering a chance for colleagues to unwind and bond, they also bring unique challenges for emplo


    Read more
  • Employers need to support couples during relationship breakups
    Family Christmases are often followed by the news of unhappy couples calling it quits in January, leading to so-called "Divorce Day", as family lawyers receive numerous enquiries when they reopen after the Christmas break.


    Read more
  • What are trustee responsibilities? A guide to key duties and best practices
    Trustees' responsibilities encompass a wide range of duties when overseeing a trust estate under their care.


    Read more
  • What is the Employment Rights Bill 2024?
    The Employment Rights Bill 2024 marks a pivotal moment in UK employment law, promising the most significant reforms in over three decades


    Read more

What they say...

  • Alexander, January 2025
    DRL Emerdata v Nix & Nix v DRL and Emerdata “I cannot recommend RIAA Barker Gillette (RBG) Solicitors highly enough. Their exceptional skill, dedication, and strategic brilliance secured a truly remarkable legal victory for me in one of the

  • Howard, December 2024
    “Outstanding service. The process from start to finish was run so smoothly. Very professional and everyone involved was a pleasure to deal with and helped with easy to understand guidance, especially during this difficult time of losing a close

  • Ms McVeigh, December 2024
    Advice on redundancy, exit negotiations and settlement “I would like to express my gratitude to RIAA Barker Gillette (UK) LLP and specifically, Patrick Simpson for handling my case with professionalism whilst being prompt and personable. The pr

  • Rob Henderson, December 2024
    “Thoroughly professional. Way to deal with and access.” Contract review

  • Ms Lind, December 2024
    “I would highly recommend Patrick! Patrick advised me when I was being made redundant, making sure I was aware of my rights and advocated for me in all communications with my company. He came across very professional, trustworthy and knowledgea

Read more
Send this to a friend