People with 'worker' employment status have some employment rights, but not as many as employees.
What makes someone a worker
Someone is likely to have the legal status of worker if most of these things apply:
- their work for the organisation is more casual, for example work is less structured or they do not have a regular working pattern
- they're usually required to personally do the work
- they're not offered regular or guaranteed hours by the employer
- they have very little obligation to make themselves available for work, but should do work they've agreed to
- they're not carrying out work for a client or customer of their own
If most of these do not apply, someone is more likely to be an employee or self-employed.
Workers are sometimes referred to as 'limb (b)' workers. This term comes from the Employment Rights Act 1996.
Employment rights
Workers' rights include:
- a written statement of employment particulars outlining their job rights and responsibilities
- minimum wage
- paid holiday
- payslips
- protection for whistleblowing
- protection against discrimination
- protection from less favourable treatment for working part time
- protection against detriment for taking action over a health and safety issue
Workers are not usually entitled to:
- a minimum notice period if their employment is ending, for example if their employer is dismissing them
- protection against unfair dismissal
- make statutory flexible working requests
- time off for dependants
- statutory redundancy pay
Statutory pay and leave
Depending on their National Insurance contributions, workers might also be entitled to:
- statutory sick pay (SSP)
- shared parental pay
- parental bereavement pay
- maternity pay
- paternity pay
- adoption pay
- neonatal care pay
Workers are not entitled to:
- shared parental leave
- parental bereavement leave
- maternity, paternity and adoption leave
- neonatal care leave
- carer's leave
This is because they do not have to make themselves available for work. They can choose to take time off when they want to.
Get more advice and support
If you have any questions about employment status, contact the Acas helpline.
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