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What’s the difference between workers and the self employed ?

Susan Silwood • 10 June 2022
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What’s the difference between workers and the self employed ?


Just because you say someone is self employed they may still be classified as a worker or employee.


Why does it matter if someone is a worker rather than being self employed?


If someone is classified as a worker they have addition legal rights and entitlements which as an employer of a worker you have to make sure they receive. If you fail to provide these you may well find yourself in tribunal.


What is a worker?


The legal definition of a worker is :


Someone who performs a service or work personally for reward under a contract of employment or any other contract written or implied.


How do I know if someone is a worker or self employed ?


Someone is likely to be a worker if some or most of these apply:


  • They have a contract (written or verbal) or other arrangement to do work or services personally for a reward
  • They are rewarded in money or benefit in kind; for example the promise of a contract or future work
  • They have limited ability to offer a substitute to undertake the work on their behalf
  • Their employer has to have work for them to do as long as the contract or arrangement lasts
  • They are not doing the work as part of their own limited company in an arrangement where the ‘employer’ is actually a customer or client


 Casual Working: Someone is likely to be a casual worker if some or most of these apply:


  • They are engaged on a casual/freelance or zero hours contract
  • The business does not have to offer them work and the individual can refuse work offered and only work when they want to
  • They work on an occasional basis for the business
  • They agreed the terms and conditions of the work in writing or verbally
  • They are under the supervision or control of another individual or business
  • They cannot send someone else to do their work


What employment rights do workers have?


Workers are entitled to certain employment rights, including:


  • The national minimum wage
  • Protection against unlawful deductions of wages
  • Statutory minimum paid holiday
  • Statutory minimum rest breaks
  • Protection against unlawful discrimination
  • Protection under the Working Time Directive not to work more than 48 hours or to opt out
  • Protection against whistleblowing
  • Not to be treated less favourably if they are part time workers


Some Workers may also be entitled to:


  • Statutory sick pay
  • Statutory maternity pay
  • Statutory parental leave
  • Statutory adoption pay

For additional information, employment law advice or HR support please contact us on

01905 347536

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