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Employment Status

An individual’s ability to assert certain statutory rights (and therefore bring employment tribunal claims) is dependent upon their employment status.

Many employment protection rights apply only to ‘employees’. Certain employment protection rights apply to ‘workers’, and very few apply to the self employed and ‘office holders’.

Examples of rights afforded only to employees:

  • The right not to be unfairly dismissed
  • The right not to be discriminated against on any of the protected grounds (see note on discrimination)
  • The right to a statutory redundancy payment
  • Protection against unlawful deduction from wages
  • Protection when employment transfers from one employer to another
  • The right to be provided with written particulars of employment
  • The right to itemised pay statements
  • The right to statutory sick pay
  • The right to paid holiday

Examples of rights afforded to employees and workers:

  • The right not to be discriminated against on any of the protected grounds (see note on discrimination).
  • Protection against unlawful deduction from wages
  • The right to statutory sick pay
  • The right to paid holiday

Examples of rights afforded to the self employed / office holders:

How do you know if you are an employee?

It is often obvious whether a particular contract is a contract of employment (i.e. a contract of service between an employer and an employee) or a contract for services (i.e. made by an employer with an independent contractor/self-employed person). However, grey areas do arise and it is not always clear whether a person is or is not technically an employee – even where the relationship is governed by a written document.

For further support, contact Ironmonger Curtis by clicking here.

For business law advice call 0845 225 2635

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