Recent legislation involving employment law has created important statutory rights, which affect both employers and employees alike.
Among the changes since 29 July 2013 is a new fees regime, applying to all employment claims and/or appeals.
Employment law is extremely important to protect the rights of workers and make sure employers carry out their legal duties, so it is important to know your rights as an employee in case you need to make a claim.
An employee is a person who agrees to work for another person according to a contract of employment. There may be other types of agreement relating to employment and services rendered – and it is important to distinguish a contract of employment from other types of agreement. An individual needs to know if they are a worker, an employee or a self-employee.
To determine this, it is necessary to distinguish between a contract of employment (also known as a contract of service) – or a contract for services.
Contract of employment – a person agrees to serve another
Contract for services – a person agrees to provide certain services to another and would usually be self-employed, although it might be necessary to consider whether, over a period, the person was an employee.
It would be wrong to claim a person was an employee simply because he was not self-employed, as there may be intermediate categories of worker.
However, only employees have certain statutory rights – such as the right to claim unfair dismissal.
Because employment law is so complex, it is necessary to seek legal advice from a firm of specialist employment solicitors.
Our employment solicitors have considerable expertise in advising employees, part-time workers, flexible workers, freelance workers and contract workers on employment law.