Determining employment status

Original author: Sue Johnstone

Updating author: Zuraida Curtis

Summary

• It is important to establish the nature of the employment relationship as this is key to determining the employment rights to which an individual is entitled. (See The importance of establishing the nature of the employment relationship)
• Certain conditions must be met for an employment contract to exist. (See Employees)
• The key to self-employment is whether or not the individual is running their own business. (See The self-employed)
• Workers have limited employment rights, such as the right to receive the national minimum wage and rights under the Working Time Regulations 1998 (SI 1998/1833). (See Workers)
• There is an extensive history of case law on determining employment status. (See Establishing employment status)
• Company directors may or may not be employees. (See Directors)
• A worker hired from an agency may become an employee of the hirer. (See Agency workers seeking to claim employment status)