❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ ❅ Toggle High Contrast Toggle Font size Client Portal Staff Login Call Us: 024 7663 2121 Employee, Worker or Self-Employed You are here: Home / Business / Employment / Employee, Worker or Self-Employed There are three categories of individuals providing their services – employee, worker and self employed independent contractor. The distinction can be important for a number of reasons including: What terms might be compiled into the contract Legal protection and the right to redundancy pay The application of the ACAS Code of Practice on Disciplinary and Grievance Procedures The application of the TUPE regulations Statutory duties owed by the employer In many businesses, workers sign contracts specifying if they are employed or self-employed contractors. The Employment Tribunal will look beyond the wording of the contract to see the reality of the working relationship. If the individual can be hired and fired, if the business controls the way that the individual undertakes the role, is paid exclusively by the business, is provided with tools and transport by the ‘employer’ and has to provide the work personally (cannot send a substitute) – the Tribunal is likely to conclude that the individual is, in fact, an employee or a worker. The worker will then have the rights that an employee or a worker would have. The Tribunal will not be persuaded by words used in one document if the reality of the relationship between the parties suggests a different status. This has significant tax implications for the Employer, as well as possibly giving rise to Employment Tribunal claims should the relationship be terminated. Recent changes to the law have introduced a new employment status of Employee Shareholder. Here an employee agrees to forego some employment rights in return for shares. There are strict requirements for such a relationship to exist. We are able to advise you in relation to these requirements. The Team Mark Ridley Services Employment Contracting and Outsourcing Contracts of Employment Discrimination, Victimisation and Harassment Disciplinary and Grievance Procedures Employee, Worker or Self-Employed Employee Rights Employment Tribunals Flexible Working Arrangements Monitoring Staff National Minimum Wage Part-Time Workers Settlement Agreements Confidential Information and Trade Secrets Working Time Regulations Latest News Christmas 2021 Opening Hours December 1, 2021 - 10:04 am Celebrating our Chambers & Partners and Legal 500 performance November 18, 2021 - 10:09 am Latest Blogs Deductions from The National Minimum Wage November 16, 2021 - 2:23 pm Commercial Landlords winning in Covid rent arrears cases October 8, 2021 - 2:34 pm Contact Us 024 7663 2121 024 7622 9038 Email Us Zoom Appointment Request a Call Back Our Address Earlsdon Park 53-55 Butts Road Coventry West Midlands CV1 3BH Call Us: 024 7663 2121 Quick Links Home Business Individuals Our People Contact Us Latest News Relationship Broken Down? Do You Understand the Legal Consequences? (03/12/2021) Dismissal of a Disabled Employee is Tough to Justify (02/12/2021) Ticket Touts Cannot Justify the Unjustifiable – Landmark Court of Appeal Ruling (01/12/2021) Search © Band Hatton Button LLP Authorised & Regulated by the Solicitors Regulation Authority. Registered in England and Wales as a Limited Liability Partnership. Registered Office: Earlsdon Park, 53-55 Butts Road, Coventry, West Midlands, CV1 3BH. Registered Number: OC380155. Calls are recorded for monitoring and security purposes. | Accessibility Statement | Privacy Policy | Terms of Business | Complaints Procedure | Disclaimer | Bank Interest Policy | Quality Policy Statement By continuing to browse the site, you are agreeing to our use of cookies. Learn moreAccept settingsHide notification only Coronavirus/Covid-19 Our office is open as normal and reception is open between the hours of 9:00-12:30 & 13:30-17:00. Please do not visit us if you should be self-isolating under NHS guidance or if you are feeling unwell with cold or flu symptoms. Many of our staff will continue to work from home but we can all be contacted in the usual way by telephone or email.