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Rights to Employee Worker Self-employed
Protection from unfair dismissal and redundancy payment Yes No No
Statutory sick pay and family-friendly rights Yes No No
National minimum wage Yes Yes No
Equal pay, protection from discrimination and whistle blower protection Yes Yes Generally no, but may in some circumstances
Statutory minimum notice period Yes No No
Right to have a grievance heard Yes No No
Implied duties, such as mutual trust and confidence and to not compete against employer Yes No No
Relevant characteristics – employer control Controlled by employer Usually little autonomy or opportunity to profit through their own entrepreneurial skill Independant, can determine how, when, and where they do the work and may bear financial risk
Relevant characteristics – personal service Yes – cannot send a substitute Yes – usually personal service but may have a limited right to send a substitute No obligation to provide services personally; can use substitutes
Relevant characteristics – integration into the employer’s business Fully integrated Some integration, for example, if they have to wear a uniform and have an appraisal Not integrated into the business, for example not presented as part of the business and use their own equipment and email address
Relevant characteristics – employer must provide work and individual must accept offer of work Yes Yes No
This chart is intended as an overview to highlight key differences only, and it does not address different statutory definitions of employee or worker. It does not cover specific classes of employer or worker to whom different rules apply. There are many other statutory employment rights, to which employees and workers are eligible, as well as health and safety rights, This chart does not constitute legal advice, and you should speak to an employment solicitor for advice on your particular situtation.