One-stop-shop guide to employment status and employment rights

Guidance on employment status for HR advisers, and to help individuals and businesses understand which employment rights apply to them.

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On 26 July the Department for Business, Energy & Industrial Strategy (BEIS) published guidance on employment status for HR advisers, and to help individuals and businesses understand which employment rights apply to them.

A person’s employment status is what defines the rights and employment protections they are entitled to at work including pay, leave and working conditions, and therefore dictates the responsibilities that an employer owes to that worker.

The new guidance brings together employment status case law into one place for businesses and individuals to access. This will support workers by improving their understanding of what rights they are entitled to at work, enabling them to have informed discussions with their employer and take steps to claim or enforce them where necessary.

Crucially, the guidance also clarifies the rights that gig economy workers are entitled to – from the national minimum wage to paid leave – while offering them the same degree of flexibility to take on additional work to top up their income, if they choose.

The new guidance includes advice for micro businesses, start-ups and small and medium enterprises (SMEs) that have less capacity and legal expertise to understand the law.

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