This blog will be very useful for maintenance, facilities and all Trade companies.
People carrying out work can be categorised by different employment types depending on the nature of their relationship with the provider of work.
Employees and self-employed contractors are two of the more clearly defined employment types. Workers on the other hand are an employment category that is not as well defined and as such, it is subject to ambiguity.
What is the definition of a worker?
Unfortunately, the definition of a worker is not as clear cut as in case of employees or self-employed contractors.
The following however are usual characteristics of workers:
In contrast with self-employed contractors, workers have a number of employment rights such as:
They also have protection against unlawful discrimination, unlawful deduction from wages and protection from whistleblowing.
In the recent case of Smith Vs Pimlico Plumbers Limited, the Court of Appeal upheld the decision of the Employment Appeal Tribunal that Mr Smith was in fact a worker and not a self-employed contractor, although the written agreement between the employer and Mr Smith was described as “Agreement – Self-Employed Operative”. This is likely to be an important case on employment status in years to come.
Although it is not an easy task, it is important that employers review the working relationships with the workforce and ensure that the relevant employment rights are observed, depending on their employment status.
When we are speaking with clients the common thing that is said:
Frankly, people fall out and if you don’t have clear boundaries and follow the legal rules of working together then someone is going to Court. And that applies for normal employees too!