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    Table 2. Obligations of The Employee / Self-Employed / Worker

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    UK legislation establishes three main categories of employment status: employees, independent contractors, and workers. Employees have signed an employment contract and full employment rights, independent contractors are self-employed with a services contract, and workers perform work where the final beneficiary is another company via a commercial contract. The employment status is determined by the contract terms and actual working arrangements, considering factors like employer control over work and ability to substitute workers. Employees have more obligations than independent contractors or workers, such as not being able to delegate work or control their own schedule.

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    Table 2. Obligations of The Employee / Self-Employed / Worker

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    Gb c
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    UK legislation establishes three main categories of employment status: employees, independent contractors, and workers. Employees have signed an employment contract and full employment rights, independent contractors are self-employed with a services contract, and workers perform work where the final beneficiary is another company via a commercial contract. The employment status is determined by the contract terms and actual working arrangements, considering factors like employer control over work and ability to substitute workers. Employees have more obligations than independent contractors or workers, such as not being able to delegate work or control their own schedule.

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    CIPD MER 2

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    UK legislation establishes three main categories of employment status: employees, independent contractors, and workers. Employees have signed an employment contract and full employment rights, independent contractors are self-employed with a services contract, and workers perform work where the final beneficiary is another company via a commercial contract. The employment status is determined by the contract terms and actual working arrangements, considering factors like employer control over work and ability to substitute workers. Employees have more obligations than independent contractors or workers, such as not being able to delegate work or control their own schedule.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    34 views2 pages

    Table 2. Obligations of The Employee / Self-Employed / Worker

    Uploaded by

    Gb c
    UK legislation establishes three main categories of employment status: employees, independent contractors, and workers. Employees have signed an employment contract and full employment rights, independent contractors are self-employed with a services contract, and workers perform work where the final beneficiary is another company via a commercial contract. The employment status is determined by the contract terms and actual working arrangements, considering factors like employer control over work and ability to substitute workers. Employees have more obligations than independent contractors or workers, such as not being able to delegate work or control their own schedule.

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    of 2

    1.2.

    Explain the different types of employment status

    1.2. UK legislation states that there are three main categories of workers and employment status:

    a) Employees – they have signed an employment contract, with full employment right
    b) Independent contractors (consultants)- self-employed, they have signed a services delivery
    contract
    c) Workers – the final beneficiary of his work is another company, through the conditions stated by
    a commercial contract

    It is important to mention that:

    a) The employment status is determined by the terms of contract and how the arrangements
    operate in practice. To decide if someone is an employee, worker or self-employed the courts
    and tribunals look at various criteria, such as, for example: control (does the employer control
    how the worker does the job?) and substitution (can the worker send another person to do the
    job in his place?).

    b) The employees have extra obligations that don’t apply to self-employed or workers. For
    example, an employee can’t send somebody else to do his job, while a self employed can hire a
    person to do the work. An employee or worker should respect the indications of the Farm
    Operations Manager (what to do, how to do it), while a self-employed can decide what to do
    and when.

    More details about the types of employment status and respective obligations are to be found below, in
    Table 2.

    Table 2. Obligations of the Employee / Self-employed / Worker

    Criteria Employee Self-employed Worker


    Their contract, statement of terms and conditions or Yes No – payment is No –
    offer letter (which can be described as an ‘employment done via invoice payment is
    contract’) uses terms like ‘employer’ and ‘employee’ done via
    invoice
    They only work for the business or if they do have Yes No – they can work No
    another job, it’s completely different from their work for more than a
    for the business client
    The business provides the materials, tools and Yes No – they use their Yes
    equipment for their work own money to buy
    their own
    tools/assets
    They work at the business’s premises or at an address Yes No Yes
    specified by the business
    The business’s disciplinary and grievance procedures Yes No Yes
    apply to them
    The business deducts tax and National Insurance Yes No – they are not No - they
    contributions from their wages on HP’s payroll are not on
    HP’s payroll
    They can send someone else to do their work No Yes – they can hire Yes
    someone else to do
    the work
    A manager or supervisor is responsible for their Yes No – they can Yes
    workload, saying when a piece of work should be decide what work
    finished and how it should be done to do and when
    They’re required to do a minimum number of hours Yes No – the employer No
    agrees a fixed price
    for their work, it
    doesn’t matter
    how long the job
    takes
    They’re required to work regularly unless they’re on Yes No No
    leave, for example holiday, sick leave or maternity
    leave

    Source of inspiration: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/employees/status-


    factsheet

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