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Employment law guide

Workers v Self-employed

People who personally do work for other people can broadly be categorised as one of the above. If someone is not an employee they will either be genuinely “self employed” which means they run a business or profession offering their services to different clients or customers or they will be a worker. A “worker” is defined to include employees and others who “personally undertake to do work for another under a contract, whether written, oral, implied, or express, but not where the work is part of a profession or business undertaking carried on by the worker”. Many rights like the Working Time Regulations and entitlement to the National Minimum Wage apply to all workers but the right to be protected from unfair dismissal and be paid redundancy pay only apply to employees.