Employment Rights

The particular status of an individual will determine what level of employment rights they have.  All employment rights apply to employees while freelancers only have limited employment rights (although they have slightly more rights if they are regarded as having ‘worker’ status).

In relation to loan-out agreements, the individual will generally be an employee of their personal service company.   This means that they may be entitled to a full suite of employment rights but the engaging production entity is not responsible for providing these – that responsibility lies with the personal service company.

The key rights to be aware of in respect of employees and freelancers are set out below:

Employee:

  • holiday pay;
  • statutory sick pay;
  • national minimum wage
  • 48 hour working week and rest breaks;
  • maternity / paternity / adoption leave and pay;
  • health and safety protection;
  • discrimination protection – race, sex, disability, religion/belief, sexual orientation and age;
  • right to be automatically enrolled in qualifying pension scheme and receive employer pension contributions once auto-enrolment applies to organisation;
  • right not to be unfairly dismissed; and
  • redundancy pay (after 2 years’ service).

 Freelance ‘worker’:

  • holiday pay;
  • 48 hour working week and rest breaks;
  • health and safety protection;
  • discrimination protection – race, sex, disability, religion/belief, sexual orientation and age; and
  • right to be automatically enrolled in qualifying pension scheme and receive employer pension contributions once auto-enrolment applies to organisation.

Self-employed freelancers:

  • health and safety protection; and
  • discrimination protection – race, sex, disability, religion/belief, sexual orientation and age.