Employees & Workers

An employee is defined as an individual who has entered into or who works under a Contract of Employment. Arising from this status as an employee, a large number of statutory rights have developed. These are:

• Continuity of employment on the transfer of an undertaking

• Equality for fixed term employees

• Guarantee payments

• Itemised pay statements

• Maternity, adoption and paternity rights

• Minimum periods of notice

• Not to suffer unlawful deductions from wages

• Parental rights

• Medical suspension payments

• Redundancy rights

• Flexible working

• Statutory sick pay

• Time off during working hours

• Unfair dismissal protection

• Written statement of the main terms and conditions of employment

• Written statement of the reasons for dismissal

A worker is defined as either an employee working under a Contract for Employment or someone who works under a contract other than a Contract of Employment and is offering his personal service in return for remuneration to the employer who is not his/her client or customer. These contracts are commonly called Contracts for Services and such workers are often referred to as non-employee workers.

In addition to the statutory rights which apply to employees all workers have a set of main worker statutory rights for which there are no qualifying periods of service necessary before the worker benefits from the rights. These rights are:

• Breaks and rest periods

• Equal pay

• Equality for part-time workers

• Health and safety rights

• National Minimum Wage requirements

• The right not to be discriminated against on the grounds of:
  - Age
  - Disability
  - Race
  - Religion or belief
  - Sex or sexual orientation

• Paid annual leave

• The right not to suffer detriment for inadmissible reasons

• The right to be accompanied at discipline and grievance hearings

• The right to take part in Trade Union activities

• Public interest disclosure (whistle blowing) protection