Geoffrey Caesar, Solicitor

Workers have a contract for services with an employer or a client. This means they have agreed to perform work or services personally but are not obliged to accept work, nor is the employer obliged to offer it. Workers are not ’employees’ in the context of UK employment law.

Workers have some rights under employment law, which include:

• The right to a minimum wage and equal pay: This is the same for employees. Workers must be paid at least the legal minimum amount for their work, regardless of age, gender or other characteristics. They must also be paid the same as someone doing the same or similar work unless there is a valid reason for the difference.
• The right to paid holidays and sick leave: Employees have the same rights. Workers have the right to 5.6 weeks of paid holiday per year (pro rata for part-time workers). They also have the right to statutory sick pay if they cannot work due to illness or injury.
• The right to join a trade union and participate in industrial action: This is the same for employees. Workers can associate with other workers and form or join a trade union representing their interests. Trade unions can negotiate with employers or clients on behalf of their members on issues such as pay, working conditions, health and safety, etc. Workers also have the right to participate in lawful industrial action, such as strikes or picketing, if they are in dispute with their employer or client.
• The right to protection from discrimination and harassment: This is the same for employees. Workers 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 whistleblow on wrongdoing: This is the right to report any illegal or unethical conduct by their employer or client without fear of retaliation. Workers are protected by law if they disclose the public interest, such as exposing fraud, corruption, health and safety risks, etc.

However, workers do not have some of the rights that employees have, such as:

• The right to a written statement of terms and conditions of employment: Workers do not have a right to receive a document that sets out the main details of their work arrangement, such as the job title, duties, hours, pay, holidays, notice period, etc. However, they may have a written service contract outlining some of these terms.
• The right to protection from unfair dismissal: Workers do not have a right not to be dismissed without a fair reason and a fair procedure and to appeal against their dismissal if they think it was unfair. However, they may have a claim for breach of contract if their employer or client terminates their work arrangement without giving proper notice or paying what they owe them.
• The right to claim redundancy pay and statutory notice: Workers do not have a right to a statutory redundancy payment if they lose their work because their employer or 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: Workers do not have a right to keep their existing terms and conditions of work and continuity of service when their employer or client transfers their business or part of it to another employer or client.