9 of the Most Essential To Know (2024) 

Final evening, dine-in {couples} had their Valentine’s Day plans abruptly modified, as a strike was known as by takeaway supply drivers working for platforms together with Deliveroo and UberEats. The strikes affected 4 main supply apps nationwide, and concerned as much as 3,000 drivers.

The reason for the strike was a requirement by drivers for higher pay and improved working circumstances. Their actions have raised pertinent questions on staff’ rights for contractors and people registered as self-employed. 

Whereas rights for employed people are extra clear-cut, and often communicated to workers, there may be extra leg-work and analysis to do with regards to contractors and self-employed people. However worry not – we’re right here to assist.

Listed below are 9 important rights each contractor and self-employed particular person ought to concentrate on:

1. Proper immediate cost

This is without doubt one of the most essential rights, but additionally probably the most abused. In September 2023, analysis indicated the variety of UK SMEs that take over 90 days to pay their contractors has elevated 40% year-on-year (Sonovate). In one other examine by Nerdwallet, over half of small and medium enterprises (SMEs) within the UK are nonetheless battling unpaid invoices from six months to a 12 months in the past.

If after well mannered reminders and proclamations about loud budgeting don’t work, then your subsequent explanation for motion is to cost curiosity, which is what your rights entitle you to do. 

The Late Fee of Industrial Money owed (Curiosity) Act 1998, and the Late Fee of Industrial Money owed Rules 2013, set up the appropriate to say curiosity, debt restoration prices, and compensation for late funds.

2. Proper to a written contract

Contractors and the self-employed have the appropriate to a written contract, or on the very least a time period sheet, outlining the phrases and circumstances of their work. 

This doc ought to embody particulars resembling cost phrases, scope of labor, and termination clauses.

3. Proper to well being and security protections

Though you’re not a conventional worker, contractors and self-employed individuals are entitled to a secure working surroundings. Employers should present vital well being and security protections and coaching.

4. Proper to Statutory Sick Pay (SSP)

It is a trickier one. When you’re self-employed within the UK, you’ll be able to’t declare sick pay like an worker, and are usually not routinely entitled to SSP. However, chances are you’ll be eligible for different types of monetary help resembling Employment and Assist Allowance (ESA) or Common Credit score. It is advisable to verify with HMRC or the Division for Work and Pensions (DWP) for particular steerage primarily based in your circumstances.

You may additionally have the ability to declare a tax deduction for sure bills associated to being sick when it’s time in your self evaluation, resembling medical bills or prices for hiring momentary assist when you’re unable to work.

5. Proper to safety towards discrimination

Contractors and the self-employed are shielded from discrimination underneath the Equality Act 2010, which implies you can’t be handled unfairly or discriminated towards primarily based on traits like your age, gender, race, or incapacity.

6. Proper to vacation pay

Whereas self-employed people do not obtain paid holidays within the conventional sense, they’ve the appropriate to issue vacation pay into their charges. Contractors might negotiate vacation pay as a part of their contract phrases.

7. Proper to pension enrollment

Relying in your earnings and age, you might have the appropriate to enrol in a office pension scheme underneath auto-enrolment legal guidelines as a self-employed particular person. It is important to know the eligibility standards and reap the benefits of pension schemes for retirement planning.

8. Proper to safety towards unfair dismissal

Not like conventional workers, contractors and the self-employed haven’t got safety towards unfair dismissal. Nonetheless, they could nonetheless have rights underneath contract legislation or particular business rules, so it’s value checking rigorously in the event you consider you’ve gotten a declare.

9. Proper to versatile working

Contractors and self-employed have already got extra management over their schedules, however they nonetheless have the appropriate to request versatile working preparations from shoppers or employers. This might embody changes to hours or location of labor to accommodate private circumstances.

Conclusion

As we navigate the intricacies of recent employment, it is essential to remain knowledgeable about staff rights, particularly these pertaining to contractors and the self-employed.

That is notably pertinent within the context of disruptive firms like Deliveroo and UberEats. Their staff’ issues about pay and circumstances have been amplified throughout and because the pandemic, when the recognition of such companies shot up alongside the rise of the gig economic system. 

Bear in mind, being conscious of your rights and asserting them appropriately can result in constructive adjustments in how we work. By staying knowledgeable and advocating for honest therapy, we will contribute to constructing a extra equitable and supportive surroundings for all staff.