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

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