How to work out your employment status

You are likely to be classed as an employee if:

• Your work is regular and consistent
• You cannot refuse to do the work you are given
• Your employer is expected to give you regular work or guaranteed hours
• Your employer/manager/supervisor determines when, where and how your work is to be done
• You are employed to do the work yourself and cannot send someone else to do it in your place
• Your taxes and National Insurance are paid out of your wages by your employer
• Your employer is responsible for providing the necessary equipment, uniform, facilities
• You have a written contract of employment
• You are entitled to join a company pension scheme

Note: someone with flexible working arrangements or varying shifts can still be an employee. Hours will usually be fixed, but some employees’ hours may vary from week to week.

You are likely to be classed as a worker if:

• You work for an organisation on a casual or irregular basis
• You are not required to make yourself available and can turn down the work or shifts you are offered
• The employer you work for is not required to give you regular work or guaranteed hours
• You must do the work yourself and cannot send someone else to do it in your place
• Your taxes and National Insurance are paid out of your wages by the employer you work for
• The employer you work for is responsible for providing the necessary equipment, uniform, facilities
• Your contract describes the work as “casual” or “as required”

You are likely to be classed as self-employed if:

• You determine when, where and how your work is to be done
• You can send someone else to do your work in your place (unless otherwise agreed with the organisation you are working for)
• You are responsible for your own equipment, uniform, facilities
• You send invoices for your fees instead of receiving a wage
• You pay your own tax and National Insurance
• You stand to lose profits if something goes wrong

If you do not feel as though your employment status falls within the three main types detailed above, you may be in one of the following alternative legal arrangements:

1. Office holder – office holders are categorised as neither employees nor workers. They are appointed to a position by a company but may not have a contract or receive regular payment. A useful overview can be found on the government website.
2. Director – directors run companies on behalf of the shareholders. More information can be found on the government website.
3. Volunteer – a volunteer spends unpaid time doing something to benefit others. A useful overview can be found on the National Council for Voluntary Organisations (NCVO) website.
4. Trustee – a trustee is a person that holds and administers property or assets for the benefit of a third party under a trust deed. Trustees are also classed as office holders, an overview of which can be found on the government website.

If your employment status still can’t be resolved through an informal discussion, your workplace may have a formal grievance procedure which you can follow. You can find out more about raising a workplace grievance on the government’s website.

If you are already a member of trade union, then a union representative may be able to provide help and advice on your employment status. You can find out more about trade unions generally on the TUC website.

If the situation cannot be resolved and you think your employer is still not respecting your employment rights because they are applying the wrong employment status to you, you could consider a claim in the Employment Tribunal. For example, you might make a claim for unpaid wages if you think you are a worker (and therefore entitled to National Minimum Wage), but your employer has not been paying you National Minimum Wage because they have been treating you as a self-employed person. An Employment Tribunal or court can decide your employment status if you make a claim.

If you are considering a claim, you may first wish to look at one of the free advice resources above.