It is vitally important to know whether an you are an employee, worker or self employed as this will dictate the level of you employment protection rights and entitlements.
It is not always easy to identify whether a person will be classified as a worker or employee; especially where employers are increasing seeking to incorrectly label employees as workers or self employed to get around employment law legislation. The cases regarding employment status go back many years, but it remains impossible to set down a clear set of defining criteria against which an individual’s status can be definitively determined.
To ascertain whether an individual is an employee a Tribunal would weigh up the factors suggesting they are, against the factors which suggest that they aren’t. The Tribunal will usually to seeks ascertain the extent to which the employer exercised direction and control over the employer, whether there were equal obligations to provide work and to attend work and whether they was a requirement on the employee to do the work herself.
It can be extremely difficult to ascertain whether an individual is an employee because often there will be some factors which are indicative of employment and other factors which may be indicative of self-employment.
And this is exactly why you will need specialist employment law advice if your employer alleges that you are not an employee. Our employment law solicitors are experts in this area. They are fully up to speed with the latest legal developments, and they will ensure you get the best possible outcome, whatever your situation is.
Our Employment Advice Services
We can offer specialist advice on whether an individual is likely to be viewed by the Tribunal as an employee, worker or self employed person.
We can also assist you to take action for any employment rights that you need to enforce as a result of your working relationship being incorrectly labelled.
We are able to offer very competitive rates and fixed fee packages for our work. All our initial advice is provided by qualified solicitors and offered for free, so please call us on 0844 800 9860 or request a call back through our website.