Definitions of Worker & Employee - Employment-law Rights
EMPLOYMENT LAW DISTINCTION BETWEEN 'EMPLOYEES' & 'WORKERS' AFFECT HOLIDAY & PAY RIGHTS
Affect who the employer is and who is responsible for oneâ€™s wage or salary, holiday pay, employerâ€™s contribution to national
insurance, pension rights, and employment protection, the legal distinction made between "employees" and "workers", and between
those and "contractors" ~one's entitlements depend on whether in the eyes of the law one is an employee, or a worker, subcontractor,
self employed contractor â€“or partly a freelancer.
Because of their different legal definitions an 'employee' or a 'worker' in the eyes of the law may be in fact a 'contractor' or a
'subcontractor', and vice-versa -and employment through an employment agency may or may not itself fall in different category.
Definitions and categories affect entitlements.
Many employees lose out on entitlements, because their legal employment category, or because who the law regards as employer, is
different than they think or have been told. When one is paid to do work for another it is important to know how the employment contract
is formed, and oneâ€™s employment status.
Are you liable for your income tax or must the employer deduct it and attend to it at source, what are your holiday and pension
entitlements and whose responsibility are they, are you entitled to employerâ€™s part of your national insurance contribution â€“who is
your employer at the workplace that you work, the business you work on the premises of, or an employment agency, or is it you whose
responsibility those are, in the eyes of the law?
These affect liability, vicarious liability and the statutorily implied terms of any contract -as well as various other statutory requirements
~from equal treatment to employment protection under the employment laws -many have sued and lost because the employer was not in
law the sued party but another.
Often these also affect 'pay' (in law defined as being what is received directly or