Your employees’ employment rights are contingent upon their employment status. Whether you use self-employed contractors, employees, or a combination of the three, our solicitors can assist you in determining which employment relationships are best for your company.
Businesses face costly litigation if they do not correctly classify their employees. Additionally, it is critical for individuals to recognise their own job status and accompanying rights.
We have specialist teams that work with businesses of all sizes and people who are experiencing employment status concerns. We strive to resolve issues proactively and provide pragmatic guidance tailored to your unique circumstances.
The most frequent concerns arise when organisations assign the incorrect employment status to self-employed contractors or employees (including agency workers).
Employees enjoy a broader range of rights than any other kind of personnel. They have the same rights as employees and self-employed individuals. Additionally, they are entitled to receive a redundancy payment and to file a claim for unjust dismissal.
Employees have several rights, including holiday pay and the National Minimum Wage. Self-employed workers have the fewest job protection rights.
By classifying someone as self-employed rather than an employee or worker, you may expose yourself to an employment tribunal claim.
Working for a business that has assigned you the incorrect employment status may imply that you are foregoing critical employment law rights.
If you are classed as a self-employed contractor, you will not be entitled to the same benefits as an employee, including the following:
-Paid leave of absence
-A reasonable dismissal
If you are incorrectly classed as an employee and are terminated without due process, you may file an unfair dismissal lawsuit against your employer. Additionally, you may encounter difficulties if you are unsure of your employer – this is especially true if you were placed with an employer through an agency.
Occasionally, your employer will change throughout your placement, making it difficult to determine with whom you have a contract and what rights you have. We’ve assisted numerous individuals in determining their employment status and bringing claims against their employer for wrongful discharge or treatment.
Employers can benefit from our assistance in the following ways:
Advising you on the many employment statuses available and which one is best for your business
-Conducting a review of your contracts to eliminate confusion and risk around employment status
-Providing guidance on how to manage your personnel in order to avoid employment status claims
-Representing and assisting you in the event that you face an employment tribunal claim.
Individuals can be assisted in the following ways:
-Assisting you in determining your work status
-Examining a draught contract to ensure that it accurately reflects your job rights
-Assisting you in bringing a claim against your employer for an erroneous employment status, wrongful dismissal, or ill-treatment.