Employment Law Question

[Barquentine]

I've found out that s27 of the Employment Rights Act defines 'wages' which an employer cannot deduct from your pay for something they allege you owe them. But does anyone know if this applies to a freelancer who submitted an invoice for work done as a locum for a short period?

[buildersmate]

No it doesn't - because as a freelancer you are self-employed and hence have no contract of employment.

Contract for services = you provide your services in exchange for some dosh (you have a supply contract)
Contract of service = you are employed and have employment rights under the various bits of legislation.
Look and learn.

[Barquentine]

I don't think that's correct because of definition of "worker" and "wages" in the Act. Self-employed people do now seem to be covered. Thanks anyway for your input.

[ABerrant]

Employees, workers etc.

230. —
(3) In this Act “worker”(except in the phrases “shop worker” and “betting worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—

(b)any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

http://www.statutelaw...2705768&filesize=7511

That appears to rule out freelancers to me.

[Barquentine]

Yes ABerrant I think you're right, if the services a provided through the freelancer's business (i.e. they have set up a company). If not, then case law seems to say the tests include 'control' and 'mutuality of obligation' so it might be they qualify as a 'worker' so still get many of the protections of an employee.