Essential points
-
The rights someone has at work – for example, whether they are entitled to redundancy pay or are protected against unfair dismissal – are dependent on whether they are an employee, a worker or self-employed.
-
Employment status is not defined clearly in law and the definitions used for tax purposes are different to those used for employment rights.
-
The growth in the gig economy has given rise to many claims for the rights of ‘workers’, such as the right to receive the National Minimum Wage and paid holidays, from gig workers who have been defined by the organisations they work for as ‘self-employed’.
CIPD member content
This content is only available for CIPD members
If you’re already a CIPD member, please sign in to access this content
Disclaimer
Please note: While every care has been taken in compiling this content, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice.
CIPD HR-inform
Access over 1500 customisable contracts, policies, letters, case law, and other HR tools, with CIPD members enjoying a 50% discount.
Employment
law helplines
Are you a CIPD member?
Need help with an employment law matter?
Related content on employment status
Understand how being defined in UK law as an employee, a worker or self-employed affects employment rights and employers’ legal responsibilities
Practical guidance to help you identify and implement good atypical working practices
Understand what employers need to do to manage fixed-term contracts within the law
Understand what employers need to do to manage self-employed contractors within the law
The 'Retained EU law bill', or REUL, changes UK employment law.
The CIPD's dedicated legal resource on holiday entitlement for all types of worker. This page includes guidance on applying the working time directive and how the UK court system sees legal claims against employers on annual leave matters.
CIPD guidance on the legality of working hours in the UK. Workable hours and breaks are directed by the UK's Working Time Regulations, formally part of the EU Working Time Directive. Here we explore key legislation and how the courts see claims against employers.