Worker status 2019

Book your free initial call

    We endeavour to make an initial response to all enquiries within 24 hours but please be aware that on some occasions due to prior commitments or volume of calls we will not be able to respond in that time frame. We also operate a 48 hour return policy. This return policy means that if we have not responded with 48 hours of your initial enquiry we are unable to do so due to current workloads and we will destroy your data accordingly. This policy ensures you are not left waiting and have the certainty that your data is not compromised. In most instances however we are able to make contact within a 24 hour time frame. Please note our free initial advice service is available to clients at our total discretion and if your case is of a complex nature we may not be able to offer you a free consultation. However in these instances we will advise you what the charge would be for an initial fixed fee consultation.
  • (view our privacy statement)
  • This field is for validation purposes and should be left unchanged.

The worker status bubble has expanded recently and found its way into the public sector. In Braine v The National Gallery, an employment tribunal has held that art educators are workers when they are working on individual assignments.

The educators were art experts. Their role was to deliver talks, lectures and workshops at the National Gallery. Their contracts said they were self-employed. The individuals said they were employees and/or workers. The employment tribunal found they were workers, but only during actual assignments, not in between. During assignments, the Gallery exerted significant control over the individuals, both in what they did and the way they did it. They were well integrated into the Gallery’s organisation. There was mutuality of obligation during assignments: the educators had to do the work and the Gallery had to pay for it. The educators had to do the work personally. They were not running their own small businesses.

The judge in this case reiterated that these cases are fact sensitive. Employers should examine whether they use individuals who fall into the ‘intermediate category’ between employed and self-employed. Such individuals might have additional rights like the minimum wage and paid holiday.

Astons Solicitors
April 2019