Describe your gig work situation and get instant plain English guidance on your employment status and rights — holiday pay, minimum wage, sick pay and more. Verified against GOV.UK.
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Tip: Include which platform you work for, how your work is organised, whether you can send a substitute, and what issue you are facing for the clearest answer.
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Employment status is one of the most important and most misunderstood areas of UK employment law. Your status determines your rights, your tax obligations and what your client owes you.
The three employment statuses:
IR35 determines whether a contractor working through a limited company should be taxed as an employee. If your contract falls inside IR35 you pay broadly the same tax as an employee but without the employment rights.
Key factors HMRC considers:
All workers are entitled to 5.6 weeks of paid annual leave under the Working Time Regulations 1998. For a full-time worker working 5 days a week this equals 28 days. Part-time workers are entitled to 5.6 weeks pro-rated to their working pattern.
A common employer mistake is paying holiday pay at basic salary only. Following a series of Employment Tribunal and Supreme Court decisions, holiday pay must reflect your normal remuneration — including regular overtime, commission, and other regular allowances. If you regularly work overtime that is genuinely required and not truly voluntary, it must be included in your holiday pay calculation.
If you believe your holiday pay has been underpaid you can bring a claim to the Employment Tribunal for unlawful deductions from wages within 3 months of the underpayment. You can claim for underpayments going back up to 2 years.
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