Even if all parties think someone is self employed, if they have their work controlled, and perform the work personally, they are likely to be a worker. As a worker, they are entitled to paid holiday every year, the minimum wage, and to be able to claim discrimination. Read More Read more>>
The Court of Appeal has handed down a judgment on whether or not a sub-contractor was in fact a worker, or properly self-employed.
It is very important to note that this question is dealt with from an employment rights point of view, not a tax point of view. The reason it matters is that a self-employed contractor does not have entitlement to minimum wage, or paid holidays or to claim discrimination. A “WORKER” does have those rights.