Worker (Employment Status)
A worker is an intermediate employment status between an employee and a self-employed person. Workers must personally perform services for an end client who is not a customer in a business the worker runs. Workers are entitled to key rights including the National Minimum Wage, paid holiday, and protection from unlawful discrimination, but not to rights that require employee status such as unfair dismissal protection or statutory redundancy pay.
The worker category was confirmed by the Supreme Court in Uber BV v Aslam [2021], which held that Uber drivers were workers rather than independent contractors. Courts look at the economic reality of the relationship, not just the label in the contract. Key factors include personal service, degree of control, and whether the individual is genuinely operating their own business. Workers are entitled to 5.6 weeks' paid holiday per year, the National Living/Minimum Wage, rest breaks, protection under the Working Time Regulations, and whistleblowing protections. They are not entitled to statutory redundancy pay, minimum notice, or protection from unfair dismissal. HMRC has a separate employment status determination for tax purposes (IR35 / off-payroll rules) which does not always align with employment law status.