Employee

What makes someone an employee

An employee works for an employer under a contract of employment. The agreement can be written, verbal or formed through what both sides agree and then do.

Employee status is more likely when the person must do the job themselves, the employer controls important parts of the work and there is an ongoing obligation to provide and carry out work. Regular pay, agreed hours and being part of the organisation can support the same conclusion.

These are indicators, not a checklist that awards a status by points. The GOV.UK employee guidance looks at the full relationship. Calling someone a contractor does not make them one when the job operates as employment.

Check the conditions for the right

Employees have the core rights workers have and additional employee rights. These can include statutory notice, redundancy pay and protection from ordinary unfair dismissal, but the conditions are not identical.

Status is only the first question. A particular right may also depend on continuous employment, earnings, the reason for an absence or dismissal, or another eligibility rule. Check the right in question instead of relying on a generic list.

Keep one reliable employment record

Keep the accepted offer, current contract terms, written particulars, working pattern and continuous-employment date together. A new manager should be able to see how the relationship works without reconstructing it from payroll labels and old emails.

Update the record when hours, control or responsibilities change. If the work no longer matches the agreement, resolve the difference rather than leaving the contract to tell one story and day-to-day practice another.