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Wednesday, 3 October 2023

Working out your employment status: casual or irregular work

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 a worker.

Casual or irregular worker

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

  • you occasionally undertake work for a particular company or business
  • the company has no obligation to offer you work and you do not have to accept it - you only accept work when you are able to or willing to
  • if you do accept work, your contract describes the relationship as 'casual', 'freelance', 'zero hours', 'as required' or similar
  • you had to sign the company's standard terms and conditions in order to get the work
  • whilst at work, you are under the supervision or control of a company manager or director
  • you are expected to perform the work yourself
  • the company deducts tax and National Insurance contributions from your wages
  • the company provides any tools, equipment or materials that you need to undertake your work

The lack of any obligation to offer or accept work may prevent you from being an employee. The obligation to perform the work personally is likely to place you in the wider 'worker' category.

The statements above 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.

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.

Ahmed works under a 'zero hours' contract for a market research company. He has no guarantee of work and is only called upon to work six to ten times each month. He has another part-time job in a warehouse and is only available to work Monday to Wednesday. If he is offered work on a Thursday or Friday, he usually turns it down.

Ahmed is paid under the PAYE system, with the company deducting tax and National Insurance from his wages. The company provides all of the necessary materials for the job and gives directions on how and where the market research is to be undertaken.

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.

Where to get help

If the example or statements 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.

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