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Worker vs Employee Status

Employment status determines what rights and protections you are entitled to. Most people are either employees or workers (sometimes called limb (b) workers) — and some are genuinely self-employed. The distinction matters because your rights differ significantly.

FeatureEmployeeWorkerSelf-Employed
Unfair dismissal protectionYes (after 2 years)
National Minimum Wage
Statutory holiday payYes — 5.6 weeksYes — 5.6 weeks
Statutory sick pay
Auto-enrolment pensionYes (if qualifying earnings)
Redundancy payYes (after 2 years)

Employment status is determined by the real nature of the working relationship, not what the contract says. If you think your status has been incorrectly labelled, you can make a claim to an Employment Tribunal or contact Acas.

Disclaimer

The information on this page was correct at the time of writing. Amounts, thresholds, and rules may change. Always check the latest official guidance.