Employment status is increasingly important as new ways of working, such as in the ‘gig economy’, become more commonplace. Organisations providing daily services to consumers, such as food delivery and taxis, or providing courier services to other employers, rely on a workforce who may be combining work with education or caring responsibilities, or who just want a better work-life balance, and who wish to work only when they choose to. Organisations need to know what their responsibilities are in this new environment, not least because of the legal risks involved if they don’t reflect their workforce's rights.

This factsheet explains the legal tests for employment status in the UK, and why they are important for establishing workforce rights. It describes how employment status is set out in law, but defined by case law, and outlines how the law might change in this area in the future.

Explore our viewpoint on employment status, rights and regulation in more detail, along with actions for government and recommendations for employers.

Members access only

Unlock exclusive, tailored content and resources, just for members.

Sign in to access

Not a member yet? Find out how you can become a member today!

More on this topic

Guide
Atypical working: Guidance for employers

Practical guidance to help you identify and implement good atypical working practices

For Members
Gavel over employment law book
CIPD Viewpoint
Employment status, rights and regulation

Explore the CIPD’s point of view on employment status, rights and regulation, including recommendations for employers and actions for the UK Government

Employment law
Employment status: UK employment law

Explore our collection of resources around legal issues surrounding employees and workers, including Q&As for various types of workers and relevant case law

For Members
Guide
Fixed-term contracts: Guide for employers

Understand what employers need to do to manage fixed-term contracts within the law

For Members

Latest factsheets

Factsheet
TUPE (Transfer of undertakings): An introduction

Looks at the law governing transfers of undertakings and gives introductory guidance on managing a TUPE situation

For Members
Factsheet
The non-executive director role

Learn how non-executive directors (NEDs) differ from executive directors and how they operate within an organisation

For Members
Factsheet
Stress in the workplace

Learn how to identify the signs of stress and address stress at work

For Members
Factsheet
Job evaluation and market pricing

Understand the fundamentals, as well as how to choose and install the right scheme for your organisation

For Members
All factsheets