What about those people whose services you may use but who are not your employees?
Ensure that you are clear about the distinctions between these groups of workers and that
you don't treat them as employees, thus unwittingly giving them employment rights.
Employment status
Agency workers
Work experience and unpaid placements
Working with clients, contractors and other third parties
Workers: the EAT has confirmed that a person with an "unfettered
right of substition" cannot be classed as a "worker" (and therefore enjoy the benefits that go with
this such as the right to the NMW and to holiday under the WTR). See:
employment status
Agency workers: the regulations due to take effect in October 2011
are still expected, but it seems likely that the Government may amend
these to comply with the European directive, but not go beyond this. In the
meantime, there will be some changes to the Conduct of Employment Agencies and
Employment Businesses Regulations, with effect from 1 October 2010.
See agency workers
Casual workers: the Court of Appeal has confirmed that casual
workers will normally be regarded as employees during the period when they are
at work; and that controlling shareholders can also be employees if working under
a genuine contract of employment.
See: employment status
for helpline advice and support.
