Am I a worker?

You are a worker if you have an agreement or contract to do paid work yourself for someone else, performing tasks or services. Generally the other person (or company) tells you what to do; tells you when, how and where to do it; supplies any tools you need; and decides what you get paid.

You are not normally classed as a worker if you provide services as a self-employed person or independent contractor.

There is no strict definition of ‘self-employed’. It depends on the nature of your agreement with the person or organisation you are doing the work for. You are probably self-employed, for example, if you:

• agree to provide someone with services for a fee (for example, to paint their house or to do their accounts), under a ‘contract for services’;
• can decide how and when to do the work; and
• provide your own tools and equipment and pay your own tax and national insurance.

Workers have certain employment rights by law, such as the right to a minimum wage and to time off (see ‘ What are my rights as a worker? ’). If you are self-employed, you do not have these rights because you are your own boss and you decide, for example, how much to charge and how much holiday you can take. You still have some protection, such as the right to a safe environment when you work on your client’s premises.

You can find out more about determining whether you are self-employed on the government’s Directgov website .

Related articles

1. Am I a worker?
2. What are my rights as a worker?
3. What are my rights as an employee?
4. Do I need a written contract of employment?
5. What is the least I should be paid?
6. How many hours can my employer make me work?
7. What should I do if I have a problem at work?
8. What if my employer has a problem with me?
9. What if I’ve been dismissed unfairly?
10. Bringing a claim for unfair dismissal
11. What if I’ve been made redundant?
12. Bringing a claim for wrongful dismissal
13. What if I've been discriminated against?
14. What are my rights if I work part-time?
15. What are my rights if I’m having a baby?
16. Can I take leave as a new father?
17. What are my rights if I'm adopting a child?
18. Can I change my working arrangements if I have children?
19. Can I change my working arrangements if I care for an adult?
20. Can I take time off if I am someone's carer?
21. Further help with employment law

Source:

Community Legal Advice

Tags:

employment status

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