Definition of Employee
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In UK employment law, an employee is an individual who has entered into a contractual relationship with an employer to provide services in exchange for remuneration. The contract which can be express or implied outlines the terms and conditions of employment, including duties, responsibilities, pay, working hours, and other relevant terms.
Legal definition: Employee is defined in Section 230(1) of the Employment Rights Act 1996 as an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.
Contract of employment: A contract of employment is defined in Section 230(2) of the Employment Rights Act 1996 as a contract of service or apprenticeship, whether it is expressly agreed (in writing or orally) or is implied by the nature of the relationship.
Control and supervision: Employees are often subject to a higher degree of control and supervision by their employers compared to other types of workers. Employers have the authority to direct and manage the work of their employees.
Personal service: An employee is someone who personally performs work or services for an employer or another party. This means he cannot send a substitute to do the work on his behalf.
Mutual obligations: Both the employer and employee have certain obligations under the employment contract. The employer is obligated to provide work and pay, while the employee is obligated to perform the work as directed and follow company policies and procedures.
Integration: Employees are typically integrated into the organisation's structure and culture. They may be provided with company benefits, such as health insurance, retirement plans, and paid leave.
Tax and legal status: From a taxation and legal standpoint, employees are often subject to income tax and National Insurance contributions, and they may be entitled to various employment rights and protections under labor laws.
Employment status can also be influenced by factors such as the nature of the work, the degree of control exercised by the employer, and the specific terms of the employment contract. In some cases, individuals may be classified as workers or contractors rather than employees, which can have different legal implications regarding employment rights and benefits.
Legal definition: Employee is defined in Section 230(1) of the Employment Rights Act 1996 as an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.
Contract of employment: A contract of employment is defined in Section 230(2) of the Employment Rights Act 1996 as a contract of service or apprenticeship, whether it is expressly agreed (in writing or orally) or is implied by the nature of the relationship.
Control and supervision: Employees are often subject to a higher degree of control and supervision by their employers compared to other types of workers. Employers have the authority to direct and manage the work of their employees.
Personal service: An employee is someone who personally performs work or services for an employer or another party. This means he cannot send a substitute to do the work on his behalf.
Mutual obligations: Both the employer and employee have certain obligations under the employment contract. The employer is obligated to provide work and pay, while the employee is obligated to perform the work as directed and follow company policies and procedures.
Integration: Employees are typically integrated into the organisation's structure and culture. They may be provided with company benefits, such as health insurance, retirement plans, and paid leave.
Tax and legal status: From a taxation and legal standpoint, employees are often subject to income tax and National Insurance contributions, and they may be entitled to various employment rights and protections under labor laws.
Employment status can also be influenced by factors such as the nature of the work, the degree of control exercised by the employer, and the specific terms of the employment contract. In some cases, individuals may be classified as workers or contractors rather than employees, which can have different legal implications regarding employment rights and benefits.
