Employee - Employment status - Acas

People with 'employee' employment status have:

What makes someone an employee

Someone is likely to have the legal status of employee if most of these things apply:

they're required to work regularly unless they're on leave
they can usually expect work to be consistently available
they cannot unreasonably refuse to do the work
they get statutory paid holiday – they might also have additional contractual holiday entitlement
they're subject to the employer's discipline and grievance procedures
they need to give notice to their employer if they want to take maternity, paternity or adoption leave
they cannot get someone else to do their job
their employer decides how, when and where they do their work
their employer provides the materials, tools and equipment for their work

If most of these do not apply, someone is more likely to be a worker or self-employed.

Employees' rights include:

As long as they meet any eligibility criteria, they're also entitled to:

If you have any questions about employment status, contact the Acas helpline.

You can also find out more about:

Last reviewed

27 November 2025