If you believe your employment status should be different
To help work out your employment status, check if:
- you have an employment contract or written terms (a 'written statement of employment particulars')
- the employment status in your written terms reflects your actual work situation
- your situation matches with one of the types of employment status
You can also think about the ways you carry out your day-to-day work and what your entitlements and responsibilities are.
Some things you can consider are:
- whether you have a uniform or are required to use your own tools
- who tells you what to do or how to do your work
- whether you’re on the payroll and get payslips
- whether you still get paid if you take time off
- whether you decide how much to charge for your work
- whether you can send someone else to carry out the work
- whether you can decide if you work or not
- whether you have set up your own organisation to hire out your service
- whether you could face a disciplinary process if something goes wrong
Only a court or employment tribunal can make a final decision on employment status for employment rights purposes. They’ll do this by looking at how the employment relationship between you and your employer works in practice.
Raising an issue about your employment status
You can make a list of these points and have an informal chat or send them in an email to your employer. This gives you and your employer an opportunity to talk through your concerns and try and resolve any issues without the need for a formal procedure.
If you’re still not sure, or you and your employer do not agree on your employment status, you can contact the Acas helpline. We can talk through the law and your options, but cannot give an opinion on your employment status.