Am I a worker or an employee?

This depends on the contractual relationship you have with your employer. Every year court cases hang on this distinction, and unfortunately there is no clear definition. However, there is a rough rule of thumb:

• If your employer provides work for you on a regular basis, says when and where it is to be done, supplies the tools or other equipment, and pays tax and National Insurance on your behalf then you are almost certainly an employee, and have what is known as a 'contract of employment'
• If, on the other hand, you decide when you will work, make your own sickness and holiday arrangement and pay your own tax and NI, you are probably a self-employed person, contracted to provide a service to the employer. Hence your contract is known as a 'contract for services'. This means you are a 'worker', not an 'employee'.

Many people are happy to be self-employed, and some occupations such as journalism are likely to have a high proportion of self-employed workers. However some unscrupulous employers deliberately try to prevent the people who work for them from becoming 'employees', so that they do not enjoy many important employment rights.

There are a lot of grey areas here, so if you are unsure, you would be best advised to seek individual advice. Contact your union if you are a member, or use one of the resources on our free help page