ACAS states that you are more likely to be classed as a worker if:

  • your work for the organisation is more casual, for example your work is less structured or not regular
  • you are employed to do the work yourself
  • you are not offered regular or guaranteed hours by your employer
  • you have very little obligation to make yourself available for work, but should do work you have agreed to and that workers could include:
    • casual workers
    • agency workers
    • freelance workers (however depending on your personal working pattern and circumstance you might be classed as a worker or self-employed)
    • zero-hours contract workers (however depending on your personal working pattern and circumstances you might classed as a worker or an employee).

ACAS goes on to say that you’re more likely to be classed as an employee if:

  • your employer, manager or supervisor is in charge of your workload and how your work should be done
  • you are required to work regularly unless you’re on leave
  • you can expect work to be consistently available
  • you cannot refuse to do the work
  • you are employed to do the work yourself.

The Working Time Regulations 1998 apply to most workers with some exemptions.

A worker is entitled to 5.6 weeks annual leave in each year. No minimum period of continuous service is required to qualify. This entitlement is equivalent to 28 days leave for a classic five day full time working week arrangement.

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