Worker or employee: which status you have and what it actually gives you

"But I am on the books" guarantees nothing. UK employment law recognises several statuses, and status is what decides whether you get sick pay, redundancy pay and protection from unfair dismissal. Here is the difference between a worker and an employee.

Why does it matter?

Employment status sets both your rights and your employer's responsibilities. A person may also have a different status in tax law — these are separate systems. Courts and tribunals make the final decision on status.

Who counts as a worker?

Generally, someone who agrees to do work or services personally in return for payment or a benefit — the agreement may be written or unwritten. They receive money or a benefit in kind, such as a promise of future work. They have only a limited right to send someone else. Work is guaranteed for the length of the arrangement. And they are not working through their own limited company where the "employer" is really a client.

What rights does a worker have?

The National Minimum Wage. Protection against unlawful deductions from wages. The statutory minimum paid holiday. The statutory minimum rest breaks. They cannot be required to work more than an average of 48 hours a week unless they opt out. Protection against unlawful discrimination. Protection when blowing the whistle on wrongdoing. And protection from less favourable treatment for working part-time.

A worker may also be entitled to Statutory Sick Pay and to statutory Maternity, Paternity, Adoption, Shared Parental, Parental Bereavement and Neonatal Care Pay.

What does a worker usually not get?

Minimum notice periods. Protection against unfair dismissal. The right to request flexible working. Time off for emergencies. And statutory redundancy pay.

Who counts as an employee?

Someone who works under an employment contract. The signs: they are required to work regularly, are paid for a minimum number of hours, have a manager directing their work, cannot send someone else, and receive paid holiday. If most of these do not apply, the person may be self-employed.

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What does employee status add?

Statutory Sick Pay. Statutory redundancy pay. Statutory Maternity, Paternity, Adoption, Shared Parental, Parental Bereavement and Neonatal Care Pay and Leave, and Statutory Bereaved Partner's Paternity Leave. Minimum notice periods when employment ends. Protection against unfair dismissal. The right to request flexible working. And time off for emergencies.

One caveat: some of these rights require a minimum period of continuous employment first, and the contract may set out how long that is.

Where do you get advice?

Acas runs a free helpline on employment status, employee rights and employer responsibilities: 0300 123 1100, Monday to Friday, 8am to 6pm. In Northern Ireland the Labour Relations Agency handles these questions instead.

Checked against GOV.UK on 27 October 2026.