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Is a worker an Employee or Self-Employed ?
The difference between being an employee or self-employed will affect that person's employment rights. In deciding this question the law says that the following has to be looked at:
a) Does the employer control what work is done ?
b) Does the employer control where, when and how the work is done ?
c) Does the employer provide holiday and sickness pay ?
d) Is the employer taking the financial risk ?
e) Is the employer responsible for paying Tax & National Insurance Contributions ?
If the answers to the above are yes then that person is likely to be employed, rather than self-employed, no matter what the employment contract says.
What should be included in an employment contract ?
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Questions & Answers
- Is a worker an employee or self-employed?
- What information must an employer give to an employee when they start?
- What should be in an employment statement?
- What happens if the employer decides to change the employment statement?
- Should an employer give an employee a written contract?
- If an employee does not have a contract what are the terms of their employment?
- What obligations/duties does the employee owe to their employer?
- What obligations/duties does the employer owe to the employee?
- What are the employee's rights to notice before dismissal?
- What is Unfair Dismissal?
- What is Wrongful Dismissal?
- Can an employee bring a claim for both?
- How does an employee qualify for the right to bring an Unfair Dismissal Claim?
- What are the exceptions to the 2 year rule under Unfair Dismissal?
- Is there a time limit for bringing an Unfair Dismissal Claim?
- Can an employee get Public Funding to bring a claim against an employer?
- What are an employee's Maternity Rights?
- What are an employee's rights under Sex and Race Discrimination law?
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