Employment lawyers often have to struggle with deciding the legal status of an individual. It is often of fundamental importance because only employees can claim unfair dismissal. Workers, which are a different category have narrower rights, mainly to do with not being discriminated against. Finally, there is a third category, that of independent contractor, who have very limited rights. However, sometimes telling the difference in practice between the different types can be difficult and there have been many cases and tests devised over the years on how to distinguish between them.
A “Worker” is defined at s.230(3) of the Employment Rights Act 1996 thus