Geoffrey Caesar, Solicitor

Self-employed people are people who run their own business or work as a freelancer or contractor. No one employs them, but they may have clients who pay them for their services. Self-employed people have very few rights under employment law. The rights that they do have include:

• The right to protection from discrimination and harassment is the same as for employees and workers: Self-employed people have the right not to be discriminated against or harassed because of their age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation.
• The right to health and safety at work: This is the right to work in a safe and healthy environment, free from hazards and risks. Self-employed people must ensure their health, safety and that of anyone else affected by their work. They must also comply with any health and safety regulations that apply to their sector or industry.

However, self-employed people do not have any of the other rights that employees or workers have, such as:

• The right to a minimum wage and equal pay: Self-employed people do not have a right to be paid at least the legal minimum amount for their work, nor to be paid the same as someone doing the same or similar work. They are responsible for setting their own rates and negotiating with their clients.
• The right to paid holidays, sick leave and maternity/paternity leave: Self-employed people do not have a right to take time off work with pay for any reason. They are not entitled to statutory sick pay if they cannot work due to illness or injury, nor to statutory maternity/paternity pay if they are expecting or adopting a child.
• The right to join a trade union and take part in industrial action: Self-employed people do not have a right to associate with other workers and form or join a trade union that represents their interests. Trade unions cannot negotiate with clients on behalf of self-employed people on issues such as pay, working conditions, health and safety, etc. Self-employed people also do not have a right to participate in lawful industrial action, such as strikes or picketing, if they are in dispute with their clients.
• The right to protection from unfair dismissal, redundancy or transfer of work: Self-employed people do not have a right not to lose their work or be mistreated because of their performance, conduct or personal characteristics. They do not have a contract of employment with their clients, but they may have a contract for services that outlines the terms of their work arrangement. They may have a claim for breach of contract if their client terminates their work arrangement without giving proper notice or paying what they owe them.
• The right to claim redundancy pay and statutory notice: Self-employed people do not have a right to a statutory redundancy payment if they lose their work because their client no longer needs them or cannot afford to keep them. They also do not have a right to a statutory notice period before their work arrangement ends.
• The right to transfer their work arrangement under TUPE regulations: Self-employed people do not have a right to keep their existing terms and conditions of work and continuity of service when their client transfers their business or part of it to another client.

Self-employed people are also responsible for paying their own tax and national insurance contributions, and they may need to register with HMRC as a sole trader or a limited company.