Employee v Worker Rights
Main Employment Rights – Employee v Worker
Worker Rights
This is a summary of the main employment rights available to worker and employees. An explanation of what makes someone an employee or worker (i.e. employment status) is provided under the Recruitment and New Starters section.
| Right | Employee | Worker |
| Discrimination protection (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation) | ✓ | ✓ |
| Equal pay | ✓ | ✓ |
| Equality for fixed-term employees | ✓ | X |
| Equality for part-time workers | ✓ | ✓ |
| Health and safety protection | ✓ | ✓ |
| Itemised pay statements | ✓ | ✓ |
| Maternity, adoption, paternity, shared parental leave | ✓ | X |
| Maternity, adoption, paternity, shared parental pay | ✓* | ✓* |
| Medical suspension pay | ✓ | X |
| Minimum period of notice | ✓ | X |
| National minimum wage | ✓ | ✓ |
| Parental leave (unpaid) | ✓ | X |
| Paid holidays | ✓ | ✓ |
| Redundancy pay | ✓ | X |
| Request flexible working | ✓ | X |
| Sick pay (SSP) | ✓* | ✓* |
| Time off to care for dependants (emergency leave) | ✓ | X |
| Trade union activities | ✓ | ✓ |
| TUPE: continuity of employment | ✓ | X** |
| Unfair dismissal | ✓ | X |
| Discipline and grievance hearings (right to be accompanied) | ✓ | ✓ |
| Working time rights (breaks and rest periods, etc) | ✓ | ✓ |
| Written statement of reasons for dismissal | ✓ | X |
| Written statement of terms and conditions | ✓ | ✓ |
| Whistleblowing protection | ✓ | ✓ |
*if you meet the qualifying conditions
**but see Dewhurst v Revisecatch Ltd and CitySprint