What is the difference between a worker and an employee?

Your status determines which rights you get, including pay, holiday, and protections against unfair dismissal.

In UK law, 'employment' covers any arrangement where someone performs work for another person; a 'worker' is a broader term that includes people who provide services for a company even if they are not directly employed. This distinction matters because workers may have core protections while employees enjoy additional rights.

An agency worker or contractor can be a 'worker' rather than a direct employee if the terms of engagement show a substantial control by the hirer over the work and the arrangement involves providing services to that employer. Understanding your status helps you identify which rights apply to you, such as pay, holiday, and protection from dismissal.

Knowing your status affects how you are treated in practice. While both workers and employees earn rights like minimum pay and holiday, a job contract that looks temporary or outsourced can limit some protections that apply to full employees.

What rights do workers have in the UK?

Core protections include pay and holiday rights, time off for trade unions, and protection against unfair treatment for certain activities.

All workers have core protections under UK law, including the right to be paid at least the national minimum wage where eligible, and to take paid annual leave. They are also protected from unlawful discrimination and have some health and safety protections.

Workers may also have the right to reasonable time off for trade union duties and activities, under legislation governing trade unions and collective bargaining, and protection from detriment or dismissal for exercising those rights.

Where a worker raises a protected disclosure (whistleblowing) or asserts other statutory rights, they may be protected from unfair treatment in the workplace. Practical steps include keeping records of hours worked, pay, and any times off to support a claim if needed.

• Right to minimum wage where eligible
• Paid holiday and rest breaks
• Time off for trade union duties
• Protection from unlawful discrimination
• Protection for protected disclosures (whistleblowing)
• Health and safety rights for workers

Redundancy rights and pay for workers

When a job disappears, there are fair process requirements and potential statutory redundancy pay.

Redundancy happens when an employer no longer needs a job to be done. Employers must follow a fair process, which may include consultation and considering alternatives before dismissing a worker for redundancy.

If you meet the qualifying conditions you may be entitled to a statutory redundancy payment. The amount depends on your age, length of service, and weekly pay, and there is a cap (the cap is updated periodically by law). Where a dispute arises, an Employment Tribunal can determine the amount.

Notice periods for redundancy are set by law and depend on your length of service. If you believe a redundancy payment is wrongfully calculated, you can challenge it at an Employment Tribunal.

• Fair redundancy process (consultation, alternatives)
• Qualifying for statutory redundancy pay
• Calculation factors: age, service, weekly pay
• Cap on redundancy pay
• Tribunal can determine disputed amounts

1. Step 1: Confirm redundancy criteria with your employer
2. Step 2: Check your eligibility for statutory redundancy pay
3. Step 3: Gather payslips and contract terms to support your claim
4. Step 4: If needed, refer to an Employment Tribunal for calculation of the amount

Unfair dismissal and remedies

Dismissals linked to protected reasons or defective processes can be unfair; tribunals can order remedies.

Unfair dismissal occurs if the principal reason for the dismissal is tied to protected characteristics, union membership, or fails to follow a fair disciplinary and dismissal process.

Tribunals have powers to provide redress. They can declare the rights of the complainant and employer, order compensation, or require steps to address the adverse effects of the dismissal or breach.

In practice, tribunals also apply broader protections for other aspects of employment, such as health and safety or whistleblowing related dismissals, and can reference multiple sections of the Employment Rights Act 1996 when determining unfair dismissal.

• Protected reasons (union membership, whistleblowing)
• Fair process and notice requirements
• Remedies: declarations, compensation, remedial steps

Time limits for bringing a claim and extensions

Claims must usually be filed within three months of the event, with possible extensions for conciliation and special circumstances.

Most Employment Tribunal claims must be brought within three months of the date of the incident (for example, the dismissal). Extensions may apply in particular circumstances, such as when a party is represented by a union or when the claimant has not pursued a claim through their own neglect.

There is a specific provision (Section 207B) that allows time to be extended to facilitate early conciliation before proceedings begin. Written conciliation records can toll or extend the period for instituting proceedings.

In practice, you can also request an extension by the Tribunal if you have a good reason for the delay and can show merit in your claim.

• Three-month time limit from incident
• Extensions under special circumstances
• ACAS Early Conciliation extension (207B)

1. Step 1: Identify the date of the incident
2. Step 2: Check if you qualify for any extensions
3. Step 3: Contact ACAS for Early Conciliation if applicable
4. Step 4: If near the deadline, file a claim and seek an extension if needed

Preparing for an Employment Tribunal

Gather evidence, follow time limits, and use tribunal powers to manage the case effectively.

Collect key documents: your contract, payslips, correspondence about the dispute, and any records of hours worked or leave taken. Create a clear timeline of events to present to the tribunal.

Consider contacting ACAS for Early Conciliation before issuing a claim, as it can affect timeliness and strategy. The Employment Tribunal has broad case-management powers to ensure fair treatment and proportionate handling of the case, with a focus on avoiding unnecessary formalities and delays.

If you are representing yourself, prepare a concise narrative of what happened, what you want the tribunal to order, and the evidence you will rely on. Practical preparation can make a significant difference in the outcome.

• Documents to gather: contract, payslips, correspondence
• Timeline of events
• ACAS Early Conciliation
• Tribunal case-management powers

1. Step 1: Gather documents
2. Step 2: Create a event timeline
3. Step 3: Consider EC and file claim
4. Step 4: Present your case clearly at hearing