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Personal service consultants - workers

If you agree with most of the statements below, then it is likely that you are a worker:

• you regularly work for a single company or business
• you have a contract which describes you as a 'consultant' or something similar
• you provide specialist advice or assistance in connection with the operations of the business or specific projects
• you have contracted to provide your services for a minimum number of hours/days each month/year
• you report to the company's managers/directors, but are not under any direct supervision or control when working
• the company relies on your expertise and so you are expected to perform the work yourself
• you submit invoices for work you have completed and you are responsible for paying your own tax and National Insurance
• you provide your own equipment
• you often work from home or a private office, but go to the company's premises when necessary

You are probably not an employee because you are not:

• directly controlled by the company who gives you work
• integrated in the business

However, the fact you are still required to provide a personal service (eg do the job yourself) means that you are probably a worker. Your commitment to a single organisation means it is also unlikely that you are in business for yourself.

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

Example situation

If you are not sure whether you are a worker, you can read the following example situation. If it describes something similar to your working arrangement, it is likely that you are a worker.

Isaac is engaged by an engineering company to provide specialist advice on company projects. He does not work regular hours, but the company may call on his expertise whenever they like (with reasonable notice). Isaac has committed to make himself available for no less than 60 hours per month.

Subject to submitting an invoice, he gets paid an agreed fee for the number of hours that he actually works. He usually works from home but attends company meetings when necessary.

Employment rights for workers

As a worker you are entitled to basic employment rights. For a summary of these rights, read the 'Basic employment rights' article. Alternatively, you can visit the employment section for detailed information on specific employment rights.

• Basic 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). Acas is able to offer free, confidential and impartial advice on all employment issues, including employment status.

• Acas (Advisory, Conciliation and Arbitration Service)

Useful contacts

• Acas (Advisory, Conciliation and Arbitration Service)

• Citizens Advice Bureau

• Jobcentre Plus

• businesslink.gov.uk Opens new window

• More useful contacts