- What is a freelancer?
- How can I tell if I’m officially self employed?
- What constitutes a contract?
- Can you help me with legal fees?
What is a freelancer?
Although the term freelancer is not defined in employment law, when people speak of freelancers, they usually mean:
- People who work a series of short fixed-term contracts where they are on PAYE terms
- People who work a series of short fixed-term contracts who are deemed to be ‘self-employed’ for tax purposes
- People who work through their own limited companies, supplying labour, services, equipment, and sometimes the services of other people
- People who are hired to provide a particular one-off service
When the term is applied to someone on a short fixed term PAYE contract, they actually has many of the employment rights of someone in full-time employment. For example, freelancers in this scenario are entitled to holiday pay and Statutory Sick Pay.
This is a complicated issue and you can check your employment status for tax purposes on the gov.uk website.
You can learn about how your status affects your employment rights here.
How can I tell if I’m officially self employed?
Self-employment is where the person is in business on their own account. The genuinely self-employed are excluded from all statutory employment rights. However, they do have contractual rights if they have agreements to undertake a job, and will also have health and safety protection.
Learn more about the different types of employment status, including self-employment.
What constitutes a contract?
Employment contracts are legally binding agreements between employers and workers.
The general advice to get it in writing applies equally to everyone whether they are freelance or self–employed, workers, casuals or employees.
If you do not have a written contract you should try and confirm in an email or letter what has been agreed, setting out dates, hours of work and rates and make it clear this is what you expect the arrangement to be.
Can you help me with legal fees?
If you’re a Prospect member you can get free legal advice from our qualified legal experts.
If you are treated unfairly at work or are discriminated against we will advise you and can help you assess if you have the grounds for a legal action against your employer. We can represent you in legal cases including employment tribunals and if we believe you have a strong case we can pay your legal fees. Each case is judged on it merits.
Find out more about our expert advice and support for members.
Get support as a member
Speak with your representatives:
If you work in an organisation that has local Prospect representatives, you should speak to them about any work-related issues.
Call the member contact centre on 0300 600 1878 or email [email protected]