Differing rights

How do the rights of Workers, Employees and Self-employed Contractors differ?

The rights below apply to both Employees and Workers:

  • The right be provided with a safe place of work.
  • Rest breaks and a maximum number of weekly working hours in line with the Working Time Directive.
  • Protection from discrimination in the workplace.
  • A minimum of 5.6 weeks’ paid annual leave per annum (pro rata).
  • To be paid no less than the National Minimum Wage / National Living Wage.
  • Statutory Sick Pay (subject to meeting qualifying criteria).
  • Statutory maternity, paternity and adoption leave (subject to meeting qualifying criteria).
  • Access to a pension scheme.

 The rights below apply to Employees only and do not apply to individuals classed as Workers:

  • Employment protection after 2 years’ service (protection from unfair dismissal).
  • Access to formal disciplinary procedures.
  • Entitled to raise formal grievances.
  • Entitled to redundancy pay (subject to 2 years’ service as an employee).
  • TUPE rights in the event of a TUPE situation.
  • Free eye-tests for computer users.
  • Entitled to and required to give notice to terminate employment.

Self-employed Contractors are not entitled to any of the following statutory employment rights; statutory paid annual leave, statutory sick pay, statutory maternity leave, paternity leave, adoption leave and parental leave (including statutory pay); but they do have the right not to be discriminated against and the right to have a safe place of work.