Employee or Self Employed?
Am I a worker, employee or self-employed?
This depends on the contractual relationship you have with your employer. The distinction is important because many important rights – such as the right to claim unfair dismissal or maternity leave – depend on being an employee. For other rights, such as the right to be paid the National Minimum Wage, you must be a worker.
All employees are workers, but not all workers are employees. The third category – the genuinely self-employed – have very few employment rights.
Many people are happy to be self-employed and some occupations, such as journalism or interior design, are likely to have a high proportion of self-employed workers. However, some employers miscategorise on purpose individuals as self-employed. Specifically, they are trying to prevent the people who work for them from becoming 'employees' so that they do not enjoy the full range of employment rights to which they are entitled.
Am I employed or self-employed?
It sounds simple enough, but when you’re faced with a form and a few boxes to tick, it can be hard to tell. You could freelance, or you may have more than one job, but it’s more as a long-term contract for the same company than as a sole trader with a small business of your own.
Either way, whether you’re an employee or self-employed, we can consult with you and work out where you fit in. From there you can also get more information on your rights and benefit entitlements, as well as your employer’s responsibilities, if you (technically) have one.
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*for a 15-minute advisory service