Changes to employment status
Whether you’re classed as an employee, worker or self-employed, knowing your employment status is essential for understanding your legal rights and entitlements.
UNISON helps members negotiate fair employment contracts or defend themselves against changes that would have a negative effect on their employment status.
If you think your employment rights have been compromised or are unsure about changes to your role, UNISON can help.
On this page
The law and your rights
Your employment status defines what employment rights you have. You can be:
- an employee;
- a worker;
- self-employed.
Different legal rights depend on different definitions of employment status. It is for the individual to prove their status if they intend to rely on the relevant legal right.
In general, an employee has greater protection and more employment rights than a worker. If you are self-employed, you have very few employment rights because you are your own boss.
It is possible to be an employee, a worker and self-employed at the same time if you have three or more jobs.
Employment status is based on your employment contract or ‘written statement of employment particulars’, what was agreed in a job offer and how any organisation and the individual interact.
Whether you are an employee or worker under law may be unclear, so it is important to take steps to clarifying your employment status. It is particularly important for members who may be a zero-hours worker, bank staff or work experience, for example.
If your employer suggests a change to your contract and you are a member, discuss it with your UNISON representative or call UNISONdirect on 0800 0 857 857 to check that the changes will not affect your employment status and your rights.
Your employer might say you have a specific status to avoid paying taxes and national insurance for you, or so that they do not have to grant you all your employment rights.
If you do not belong to a trade union, the only way you can challenge your employment status is by making a claim to an employment tribunal.
If you are a member of UNISON and suspect that your employment status is not correct, speak to your UNISON rep.
Taking action
UNISON helps members negotiate fair employment contracts or defend themselves against changes that would have a negative effect on their employment status.
The privatisation of public services may threaten your status as an employee. By taking advantage of the power of collective bargaining, UNISON members can fight against changes that could reduce your employment rights.
Many UNISON branches have negotiating teams and we organise regional training courses to develop our staff and our reps’ negotiating skills.
The more UNISON members in your organisation, the greater your power to negotiate.
Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.