What is the difference between an employee and a worker?

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by: Rhiannon Warner
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Date: Thu, 5 Jan 2012 Time: 1:07 AM
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While the two terms may seem interchangeable, you may be surprised to discover that employees and workers are two legally distinct groups under UK law. An employee has considerably more rights than a worker, and you may find it worth your while to look into which category you fall into. This is certainly worth your time, because only then can you be sure of your full rights under employment law.

What rights do employees get that workers do not?
• Dismissal rights - Employers take a contractual agreement to provide employees work, this agreement is not necessarily present with workers. A benefit for workers in these cases is that workers are not necessarily obliged to accept work the employers offer giving them more freedom to choose their hours. If an employee is dismissed without good reason they can begin an inquiry based on "unfair dismissal".
• Redundancy - Employers are legally responsible for providing work only to employees, this means if employees are given the sack unduly they can claim compensation. It is rare that workers are entitled to any sort of redundancy.
• Notice - Employees are responsible for handing in their notice as stated in their contract and employers are responsible for giving a minimum amount of notice. Unless otherwise stated this is one week for employees of over a month but under two years and two weeks for employees of over two years. Unless stated in your contract employers may not withhold pay even if you leave before your notice period and must pay you through the notice period.
• Maternity and Parental Leave - If you have a child you are entitled to leave if you have a baby as long as you inform your employer at least fifteen weeks before your baby is due. Fathers get up to 26 weeks, two of those paid. Mothers can begin maternity weeks from 11 weeks before the baby is due, you may have to begin maternity leave if you are off work within four weeks of having your baby. Mothers are entitled to 26 week leave with a further possible 26 weeks additional leave making a total of one year "statutory leave". As long as you are an "employee" you can take the full paid leave no matter how long you have been with the employer, how many hours you work and how much you earn.
• Fixed Term Employment - Workers on fixed term contracts are entitled to all the same rights as regular employees unless the employer has a good reason to treat you differently.
• Statutory Grievance Procedure - If you are dismissed, employees are entitled to a statutory grievance procedure which includes the right to appeal.

What rights do both employees and workers get?
• The national minimum wage - Currently £6.08 for those above the age of 21.
• Protected Disclosure - The right to reveal confidential activities within the company that are illegal or not compliant with health and safety or environmental regulations.
• Working Time - No one can be forced to work more than a maximum of 48 hours per week (unless this averages out to less over a 19 week period).
• Part Time Work - Everyone can do part time work.
• Right to be Accompanied - Everyone has the right to be accompanied at disciplinary hearings and grievance procedures.
• Unlawful Deduction of Wages - Employers cannot lawfully deduct wages unless this is explained in the contract.

About the Author

Rhiannon Warner is a keen follower of UK law, driven by a thirst for legal knowledge and a passion for finding ways to make the law work for everyone. She has bestowed her wide legal knowledge through legal sites in a number of different fields, including unfair dismissals and employment law solicitors