Archive Website of the UK government

Please note that this website has a UK government accesskeys system.

Archive brought to you by Cross Stitch UK

Main menu

Wednesday, 3 October 2023

Working out your employment status: employees

If you are not sure whether you are an 'employee', 'worker' or 'self-employed' you can read the statements below to help you decide. If you think the majority of the statements apply to you, then it is likely that you are an employee.

Full-time, part-time and fixed-term employees

If you agree with most of the statements below, then it is likely that you are an employee. This is regardless of whether you work full time or part time, or even if you work under a fixed-term contract.

The statements below use the example of work undertaken for a 'company'. However, they apply equally if you work for a sole trader, partnership or any other form of business organisation.

  • you are required to attend work on a regular basis unless you are on authorised leave (eg holiday, sickness absence, maternity leave)
  • you are required to work a minimum amount of hours (whether fixed or variable) and you expect to get paid for the hours you work
  • your manager or supervisor is responsible for your workload, directing when particular work should be completed and the way it should be undertaken (senior managers can still be employees even if you set your own objectives and organise your own time)
  • you cannot send a substitute to do your job
  • the company deducts tax and National Insurance from your wages
  • you have received (or would be entitled to) contractual or Statutory Sick Pay from the company when unable to work through illness or injury
  • you have received (or would be entitled to) contractual or Statutory Maternity or Paternity Pay from the company when on maternity or paternity leave
  • you receive payment from the company when taking holiday
  • you can join the company pension scheme
  • you are included in the company's organisational chart
  • you are subject to the company's disciplinary and grievance procedures
  • you work at the company's premises or at a location specified by the company
  • the company provides the tools and equipment that you need to do your job
  • your contract sets out redundancy provisions and procedures
  • you work exclusively for the company or you have another job, but it is entirely different from your work for the company
  • you have a contract, statement of terms and conditions, or an offer letter which uses terms such as 'employer' and 'employee' and/or is described as an 'employment contract'

Example situations

If you are not sure whether you are an employee, you can read the following example situations. If they describe something similar to your working arrangement, it is likely that you are an employee.

Stefan works in an office between the hours of 10.00 am to 3.00 pm (with a one hour lunch break), four days a week. He is paid an annual salary, with tax and National Insurance deducted from his wages. The company provides a computer and other equipment to enable Stefan to do his job. His boss discusses with Stefan his objectives and they agree how they will be achieved. Stefan is a member of the company's pension scheme which he joined after working for the company for two years.

Tara works in bar. Her hours differ every week in accordance with a staff rota, but she is guaranteed at least 16 hours per week and must turn up for her shifts. She gets paid an hourly rate for the hours that she works and is entitled to five weeks' paid holiday each year. She once received a verbal warning for turning up late as she also has another part-time job as a shop assistant.

Employment rights for employees

As an employee, you have the broadest range for employment rights and responsibilities to your employer.

For a summary of an employee's employment rights, read the 'Types of employment status' article in this section. Alternatively, you can visit the rest of the employment section for detailed information on specific employment rights.

Where to get help

If the statements or examples do not describe your work situation, try reading the other articles in this section.

If you have read the other articles and you are still not clear, contact Acas (the Advisory, Conciliation and Arbitration Service). They are able to offer free, confidential and impartial advice on all employment issues, including work status.

Access keys