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