Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Employment status definition

What does Employment status mean? In practice, employment status describes how the law classifies a working relationship between an individual and the person or organisation for whom they perform work, to determine legal rights, protections and liabilities. Across the UK (England & Wales, Scotland and Northern Ireland) it is shaped by statute and case law and used in employment, tax and social security contexts. The principal UK categories are employee, worker and self‑employed/independent contractor; Northern Ireland broadly mirrors Great Britain. In Ireland, the core distinction is employee versus self‑employed, though some statutes use “worker”. Status is assessed on the reality of the relationship, not contractual...

Agency Workers: Common Law Tests for Worker/Employee Status, Implied Contracts with Hirers or Agencies, and Dual Employment

Published by a LexisNexis Employment expert

Practice notes

This Practice Note

This Practice Note examines the three‑way relationship linking an Agency worker, the supplying agency with whom the worker has a contract, and the Hirer or End user (often referred to as the principal), and, specifically, whether the agency worker might be treated as a worker or as an employee of either the agency or the end user in law. The law impacts agency workers in four key respects, namely:

the regulatory framework governing employment agencies and employment businesses
parity of treatment for agency workers under the Agency Workers Regulations 2010 (AWR 2010), SI 2010/93
employment protection entitlements arising from their position as agency workers
employment protection entitlements arising from their status as workers or, in certain instances, employees

These strands function separately and do not overlap. In particular, entitlements under AWR 2010, SI 2010/93 do not hinge on common law employee status, nor do they alter or streamline that classification; likewise, AWR 2010, SI 2010/93 does not modify the principal rules governing how employment agencies and businesses must operate...

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Web page updated on 21/05/2026

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