Businesses and workers, particularly those in the gig economy, will benefit from greater clarity over their employment status, thanks to new guidance published by the government which brings together employment status case law into one place for businesses and individuals to access.
Employment status affects everyone who works. Pay, leave and working conditions can all depend on employment status. People with different employment statuses have different rights set out in law. The rights are designed to protect individuals. Most of the rights are compulsory, and normally can’t be signed away.
The detailed guidance provides practical advice and examples for HR professionals on:
- employment status and how it determines the employment rights individuals are entitled to and for which employers are responsible
- factors determining an individual’s employment status
- special circumstances and recent developments in the labour market
- how employment status should be determined for different sectors
- where to go for further information
There are 2 additional pieces of guidance for:
- individuals, to help them understand their employment status so that they know their rights, can have informed discussions with their employer about them, and can take steps to claim them and have them enforced where necessary
- employers to help them understand individuals’ employment status so they comply with the law, helping ensure individuals receive the rights they are entitled to, and to avoid unnecessary disputes and associated costs
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
