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Worker Status

The legal basis for an individual’s working relationship dictates the level of employment protection and statutory rights that they enjoy.

There has been much discussion in the press about ‘worker status’ and the ‘gig economy’ leading to questions about whether the law in this area is fit for purpose or requires clarification. This was also addressed as part of the Taylor review of modern working practices.

Incorrectly defining an individual’s work status can give rise to tax being incorrectly paid.

We can:

  • Advise on the differences between the various working relationships (employee, worker, self-employed);
  • Prepare well drafted documents to accurately reflect the working relationship;
  • Reduce the risk of disputes by removing uncertainty;
  • Provide clear rules and guidance on the pros and cons of each approach;
  • Prepare and defend claims brought on the basis of incorrect categorisation of an individual’s status.

We will always try to gain a solid understanding of your business so that we can recommend the right approach for your workforce and industry sector. We can also work with accountants to highlight and address any tax issues that may arise by incorrectly classifying an individual. Where appropriate, we can deal with bonuses, commission structures, share options and employee benefits.

We also offer a review service to ensure that your existing contracts accurately reflect the true working relationship.

Recent Experience:

  • Preparing consultancy agreements.
  • Advising on an individuals’ status in light of the recent case law
  • Defending a claim that a worker was an employee

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