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for “Employment Status & Contractual Terms” · Employment Law

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Employment Status & Contractual Terms

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What is the distinction between employee, worker, and self-employed?

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Answer

Employee (s.230(1) ERA): contract of employment — full rights. Worker (s.230(3)): personal service, not a client relationship — limited rights (NMW, working time, whistleblowing). Self-employed: in business on own account — minimal protection. Autoclenz v Belcher [2011]: look beyond written terms.

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