Employment status is a complex issue and one which has attracted ongoing attention due to developments such as the rise of the digital gig economy. 
 
Cases such as the ruling by the Supreme Court that Uber’s drivers were not self-employed but were in fact ‘workers’ and many others highlight the legal risks employers face if they don’t accurately classify the employment status of individuals that do work for them and ensure this is reflected in their employment rights. 
 
Significant reform is on the horizon. Organisations must now also keep up to date with potential changes to worker status and enhanced workers’ rights.

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

Member tool: CIPD Buddy AI AI
Use AI to find trusted answers on our Knowledge hub. Start using CIPD Buddy AI

On this page

To continue reading, log in or become a member

Affiliate membership offers instant access to CIPD resources without the need for assessments or study, or explore your options to become a professional member of the CIPD to demonstrate your commitment to the world of work.

  • Access to exclusive, up-to-date resources
  • Become part of a community to learn, debate and connect with other people professionals
  • Free access to a series of CIPD learning courses and a discount on the rest of our catalogue
Instant access Explore membership
  • 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
  • Data

    Data Hub

    Explore the latest people profession data and how your organisation compares

    For Members
  • Factsheet

    Pay fairness and pay reporting

    Find out what's meant by fair pay, what pay information UK employers must disclose by law and the opportunities pay narratives bring.

    For Members
  • Factsheet

    Occupational health

    Outlines the role of occupational health services in an organisation and the role of confidentiality and consent in discussing an employee’s health

    For Members
  • Factsheet

    Recruitment: An introduction

    Facts on the recruitment and resourcing process; from defining the role to making the appointment

    For Members
    • All factsheets