Definition of Worker
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In UK employment law, a worker is an individuals who provide services to an employer but may not necessarily be classified as an employee. Workers have certain employment rights and protections, but these rights may differ from those of employees.
Legal definition: a worker is defined in Section 230(3) of the Employment Rights Act 1996 as an individual who has entered into or works under (a) a contract of employment or (b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.
Personal service: A worker is someone who normally performs work or services for an employer or another party. This means they may not send a substitute to do the work on their behalf, though they have a limited right to send someone else to do the work by subcontracting.
Control and supervision: While workers have a degree of independence, they are subject to some level of control and supervision by the employer, such as being given specific tasks, hours, or instructions on how to perform their duties.
Mutuality of obligation: There is an expectation that the worker will perform the work, and the employer will provide remuneration or some form of consideration in exchange for that work.
Integration: Workers may be integrated into the employer's organisation to some extent. They may use company equipment, adhere to workplace rules and policies, and have access to certain benefits.
Tax status: The tax status of a worker, whether they are classified as an employee, a worker, or self-employed, can have implications for tax and National Insurance contributions. Workers are often subject to tax and National Insurance deductions.
The distinction between an employee and a worker is important in employment law because it affects the individual's entitlement to various employment rights and benefits, such as minimum wage, paid annual leave, and protection from unlawful discrimination. Workers typically have more limited rights compared to employees, but they do have some basic protections under UK employment law.
Legal definition: a worker is defined in Section 230(3) of the Employment Rights Act 1996 as an individual who has entered into or works under (a) a contract of employment or (b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.
Personal service: A worker is someone who normally performs work or services for an employer or another party. This means they may not send a substitute to do the work on their behalf, though they have a limited right to send someone else to do the work by subcontracting.
Control and supervision: While workers have a degree of independence, they are subject to some level of control and supervision by the employer, such as being given specific tasks, hours, or instructions on how to perform their duties.
Mutuality of obligation: There is an expectation that the worker will perform the work, and the employer will provide remuneration or some form of consideration in exchange for that work.
Integration: Workers may be integrated into the employer's organisation to some extent. They may use company equipment, adhere to workplace rules and policies, and have access to certain benefits.
Tax status: The tax status of a worker, whether they are classified as an employee, a worker, or self-employed, can have implications for tax and National Insurance contributions. Workers are often subject to tax and National Insurance deductions.
The distinction between an employee and a worker is important in employment law because it affects the individual's entitlement to various employment rights and benefits, such as minimum wage, paid annual leave, and protection from unlawful discrimination. Workers typically have more limited rights compared to employees, but they do have some basic protections under UK employment law.
