Employee Status and rights

Question 1

Types Employment status

Answer 1

Employees
Workers
Independent Contractors
Employee Shareholders

Question 2

Employee definition

Answer 2

Defined under ERA 1996 S230(1) An individual who has entered into or work(ed) under a contract of employment

Question 3

What is a contract of Employment as defined by S230(2) Employment Rights Act 1996 (ERA 1996)

Answer 3

A Contract of service or apprenticeship

Question 4

Worker definition

Answer 4

Defined under ERA 1996 S230(3) an individual who performs work or services for another party whose status is not that of a client or customer (example Agency worker/zero hours workers)

Question 5

Independent Contractor

Answer 5

Also known as self employed/sole trader/consultant work under a contract for service have little statutory employment protection

Question 6

Employee Shareholder (Rare)

Answer 6

Scheme introduced in 2013 and is Voluntary in return for shares in the company worth a minimum of 2K they waive there rights to claim unfair dismissal/statutory redundancy/flexible working request or request training

Question 7

Protection from Unfair dismissal

Answer 7

Employee Yes

Worker - No

Question 8

Statutory Redundancy Pay

Answer 8

Employee - Yes

Worker - No

Question 9

Protection during a transfer of undertaking (TUPE)

Answer 9

Employee - Yes

Worker - No

Question 10

National Minimum wage

Answer 10

Employee - Yes

Worker - Yes

Question 11

Protection Against unauthorised deductions from pay

Answer 11

Employee - Yes

Worker - Yes

Question 12

Rights under the Working time regulations 1998 rest breaks/paid holiday/limits on night work

Answer 12

Employee - Yes

Worker - Yes

Question 13

Maternity, Paternity and adoption leave and pay

Answer 13

Employee - Yes

Worker - pay only

Question 14

Statutory Sick Pay

Answer 14

Employee - Yes

Worker - Yes

Question 15

Protection against less favorable Treatment because of being Part time

Answer 15

Employee - Yes

Worker - Yes

Question 16

Protection against less favorable Treatment for making a disclosure in the public interest(whistle blowing)

Answer 16

Employee - Yes

Worker - Yes

Question 17

Protection from discrimination (9 protected characteristics)

Answer 17

Employee - Yes

Worker - Yes

Question 18

Right to Equal Pay

Answer 18

Employee - Yes

Worker - Yes

Question 19

Right to a statement of particulars of terms

Answer 19

Employee - Yes

Worker - Yes

Question 20

EU definition of a Worker

Answer 20

is the person under an obligation to work for another ?
Is the work done for monetary reward?
Is the person subject to the direction of another?