Employees, workers and the self-employed have different employment rights in law but deciding the status of a particular individual can be complex and uncertain. It does not help that different tests apply for employment and tax purposes – and this looks set to continue as the government has recently said that ‘now is not the right time’ to bring the two tests into line.
The new guidances:
- Guidance: Employment status and employment rights: guidance for HR professionals, legal professionals and other groups;
- Guidance: Employment status and rights: checklist for employers and other engagers for employers; and
- Guidance: Employment status and rights: support for individuals for employees
address in detail the key issue of which factors affect an individual’s employment status under employment law and aim to help employers make sure individuals’ rights are observed, to reduce the risk of unnecessary and costly disputes.
The guidances also include numerous general examples, case studies, sectoral examples and links to other useful resources. They also discuss special cases and recent developments such as zero-hour contract workers, those working in the gig economy, freelancers and agency workers.
They supplement the existing, free, online guidance ‘Employment status’ on the GOV.UK website.
Operative date
- Now
Recommendation
- Employers should download the new guidances and the existing employment status guidance from the GOV.UK website.
This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.
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