Status is decided by how you actually work, not only by what your contract calls you.
Quick facts
- Employees
- All minimum legal rights, some after a qualifying period
- Workers
- Core rights and protections
- Self-employed
- Some protection, no employment rights
- Fixed-term
- Same minimum rights as permanent staff
- Agency workers
- Written terms before work is found
Employee, worker or self-employed
As an employee, your employer is obliged by law to take off Income Tax and National Insurance contributions from your salary or wages before paying them to you. Some of these rights require a minimum length of continuous employment before an employee qualifies for them.
Workers are entitled to core employment rights and protections. If you are self-employed, you must not be discriminated against and you're entitled to a safe and healthy working environment on your client's premises.
Continuous employment
Many of your employment rights only apply if you have a minimum period of continuous employment. Continuous employment usually means working for the same employer without a break, however there are exceptions to this. Working abroad generally counts towards your period of continuous employment.
Fixed-term contracts
Fixed-term workers have the same minimum rights as permanent workers. Your employment contract must be ‘fixed-term’, meaning it must end on a particular date, after a certain event or on completion of a task.
Agency workers
If you are an agency worker using an agency to find you temporary work, your agency must give you written terms before looking for work for you. If a new job is offered to you, your agency must also give you the full written details of the new job within three days.
You can cancel any paid services without suffering any penalty, including any services for accommodation, transport or training. If your employment agency doesn't follow these rules then you can make a complaint to the Employment Agency Inspectorate.
The right to work in Northern Ireland
Irish and British citizens can work in Northern Ireland without permission. If you’re an Irish citizen, you do not need to apply for a Frontier Worker permit but you can choose to do so. Most other people must apply under the UK's points-based immigration system. See cross-border workers.
Getting help
If you are in a dispute about your length of service that you cannot resolve, you may be able to make an application to an Industrial Tribunal. The Labour Relations Agency and Advice NI give free, confidential advice.
Common questions
What is the difference between an employee and a worker?
Employees get all the minimum legal employment rights, some after a qualifying period. Workers get core rights and protections, but not the full set.
Do fixed-term employees have the same rights?
Yes. Fixed-term workers have the same minimum rights as permanent workers.