Status of workers

Introduction

1. This section provides an outline of rules that determine the employment status of workers, both employees and self employed persons, for the purposes of Health and Safety at Work etc. Act 1974.

2. The question of whether a person is or is not an employee is a crucial question because it can affect the nature of the duties owed towards them under health and safety legislation.

3. Section 53 (1) HSWA contains the following definitions:

• "employee" - is "an individual who works under a contract of employment" (or is a member of a police force - in which case section 51A sets out whether they are entitled to be treated as  an employee);
• "self-employed person" is "an individual who works for gain or reward otherwise than under a contract of employment, whether or not he himself employs others";
• "contract of employment" is "a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing)".