What statutory employment rights are all workers entitled to?

The employment rights of employees and the employment rights of workers differ under employment law and it is important to distinguish between the categories of person in order to know which statutory rights you are entitled to. An employee is entitled to the most statutory rights and these rights will improve once the employee has completed one or two years’ service. A worker is afforded fewer rights than an employee, although they are still entitled to some rights under employment law.
The difficult part in many situations is working out whether a person is an employee or a worker. There have been many cases concerning this issue in employment tribunals and as a result there is a fairly lengthy set of criteria which is used in determining the employment status of a person. Any decision on the employment status of person will be based on the individual facts of the case, although certain facts will indicate one way or another, for example if a person must do everything the employer asks themselves, then they are more likely to be an employee. An employment solicitor can provide legal advice to an employer or employee on the employment status of the worker.

There are certain rights that always apply, for example you always have the right to be treated in a non-discriminatory fashion. This means that as a worker, rather than an employee, you still have the right not to be discriminated against on the grounds of your race, sex, sexual orientation, or religious beliefs. If you are discriminated against then you can bring a claim in an employment tribunal regardless of whether you are an employee or a worker. It is advisable to obtain legal advice from an employment lawyer before starting an employment tribunal claim.

Special redundancy rights apply for redundancies. Employees have redundancy rights to be made redundant in a fair process, through a fair selection process. They also have redundancy rights to be paid at least the minimum statutory redundancy payment, if more is not set out in their contract. Additional redundancy rights apply for collective redundancies.

As a worker you also have contractual rights whether you are working for an ongoing period or for a fixed term. If the person for whom you are working breaches the terms of your contract, you will have the right to claim for breach of contract. In addition to this, if you are paid a wage it must be compliant with the National Minimum Wage; the only exception to this is if you are genuinely self-employed.