Employment Status

All working individuals, with the exception of those who are genuinely self-employed, are entitled to basic employment rights. However, the rights that apply will depend on your employment status. 

If you believe your employment status has been incorrectly classified as self-employed and you are not receiving the benefits and rights you are entitled to, you may be able to take legal action.  

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Employment rights of self-employed, contractors, employees and agency workers

Whether you are a self-employed contractor looking for worker status, employee, or agency worker, our expert lawyers have years of experience advising individuals as to their employment status and the rights to be enjoyed. We can provide you with open and clear advice about your options, as well as represent you should your case go to tribunal. 

For more information as to how we can help you with an assessment of your employment status, please contact one of our employment lawyers today. 

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Understanding your contract

Your employment status will depend on an assessment of the true nature of the working relationship. However, the type of contract you are working under will also be relevant. If you work under a contract of service (also known as a contract of employment), this likely indicates that you are an employee. 

However, if you are working under a different type of contract that commits you to providing a personal service to an organisation, or you work through an employment agency and are placed with another business, it is possible that you fall under the umbrella of being a worker. This bracket may also include casual or freelance workers or people working under zero-hour contracts. 

If you work under a contract for services or no contract at all and the company you work for is merely a customer or client of your own business, this likely means you are self-employed. It is important to remember, however, that the reality of your working situation may not be recorded in the contract. When deciding on your employment status, a tribunal will consider both the realities of your working situation as well as what is outlined in your contract. 

It is also worth remembering that if you do not have a written contract of employment, the law states that one is implied. If you are in any dispute with your employer as to your employment status and resort to bringing a claim, your employment status will ultimately be decided by the employment tribunal. 

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Common Employment Status Issues for Workers

If you are working for a company with the wrong employment status, you could be missing out on important employment rights. For example, if you are classified as a self-employed contractor, the employer won’t recognise the rights you should enjoy as an employee or worker, such as: 

  • Paid holidays (workers and employees) 
  • National Minimum Wage (workers and employees) 
  • Paid sick or other statutory leave (employees) 
  • A fair dismissal (employees) 

If you should be classified as an employee and are dismissed without a fair process, you could bring an unfair dismissal claim against your employer. 

Other issues can arise if you are not sure who your employer is – this usually happens when you have been placed with an employer by an agency. Sometimes, your employer can also change throughout your placement, making it difficult to know who you can have a contract with and what rights you are entitled to. 

For assistance in clarifying your employment status and associated rights and advice on how to proceed, contact our employment team today. We have worked with individuals across a range of sectors, advise on employment status frequently and have longstanding experience in this area of work. 

What are my employment rights?

Certain rights, such as the right to paid annual leave and rest breaks under the Working Time Regulations 1998, and the right to receive National Minimum Wage, are available to both employees and workers. Employees and workers are also protected against discrimination and breaches of health and safety legislation from the first day they begin work. 

However, rights such as the right to claim unfair dismissal, are only available to employees with over 2 years’ service, unless the dismissal is an act of discrimination. 

For more information as to what rights you are entitled to, please contact our employment solicitors. 

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How to make a successful claim for employment status at Tribunal

For the Tribunal to determine your employment status, four main factors will be considered. These are: 

  • The degree of control your employer exercises over you, including whether you are told which tasks to perform and how to perform them; 
  • The level of integration into the organisation you work for; 
  • Whether there is mutuality of obligation. For example, if your employer is under an obligation to provide you with work, and whether you are obliged to accept it and be paid for such work; and
  • Whether services are provided by you personally. 

However, tribunals may also consider other factors, such as whether you pay your own tax and national insurance contributions, whether you have your own clients, whether you wear a uniform, or whether you provide and use your own equipment. All factors need to be considered.  

Our solicitors are highly experienced in these types of claims and will be able to provide you with robust advice and representation should your case proceed to an employment tribunal. Whether you would like to bring a claim against your employer, or you simply wish to discuss your options, please contact a member of our employment team.  

Why Morrish Solicitors?

Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.

We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.

Personal service

As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.

Expert advice, no matter where you live

All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.

Want more information? Contact a member of our team today.

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Why our clients choose Morrish Solicitors

The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.

Employment Rights Client, January 2022.

The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.

Employment Rights Client, January 2022

Clear and honest communication and available to speak with when required. A very professional service.

Employment Rights Client, January 2022

Morrish Solicitors service was excellent. The level of professionalism was exemplary. I would recommend the firm to everyone, due to the standard of service I received. A job well done and thanks so much for helping me through a difficult period and obtaining the best possible outcome.

Mark Stewart, November 2021

Regular updates and clear information without the jargon helped with a group claim that would otherwise have not been awarded

Maddie Daley, January 2022

Meet the Employment Rights Team

Daniel Kindell

Partner & Head of Employment

David Sorensen

Managing Partner

Paul Scholey

Employment Consultant

Tony Rippon

Associate Solicitor, Employment

Haylee Chambers

Associate Solicitor, Employment

Hanan Hewitson

Employment Solicitor

Omar Ghaffoor

Employment Solicitor

Christina Moore

Trade Union Helpdesk Advisor

Ranjit O’Mahony

Senior Solicitor, Employment

Damian Kelly

Head of Professional Conduct & Regulatory, Employment Solicitor

Kate Forrest

Employment Solicitor

Lawrence Ofori

Employment Solicitor

Erin Garnham

Employment Solicitor

Nicholas McMahon

Legal Assistant

Megan Knight

Graduate Solicitor Apprentice