Employment status, and its effect on health and safety law

Employment Status and Health and Safety Law

Employers in Great Britain and Northern Ireland have clear responsibilities to protect the safety and health of their employees at the workplace. But did you know that your health and safety duties depend on each individual’s employment status?

Understanding whether someone is an employee, worker, or self-employed helps you meet your legal obligations and keep everyone safe, whether you run a large company or a small business.

Below, we explain the main types of employment status, what they mean, and how they impact health and safety law at work.

What Are the Main Types of Employment Status in the UK?

In the UK, employment law recognises three main categories:

Employees
Workers
Self-employed people

Let’s look at each one, and what they mean for workplace safety.

What Is an Employee?

An employee is someone who works under a formal or implied employment contract. They usually have agreed working hours, receive a more secure employment package, and enjoy additional employment rights such as statutory sick pay, maternity or paternity leave, and protection from unfair dismissal.

For small business owners, having employees often means less flexibility but clearer employer responsibilities, like providing proper training and safe working conditions under the Health and Safety at Work etc. Act 1974.

Key point: An employee has the strongest legal protections when it comes to the safety and health of employees.

Who Is Classed as Self-Employed?

The self-employed run their own business and take on work for gain or reward without an employment contract. They have the most freedom to decide when and how to work, often on a single project or contract basis.

Examples include freelance consultants, subcontractors, or people providing specialised work experience.

Generally, self-employed people must protect their own occupational safety and anyone affected by their work. However, if they work on a client’s site, the business still has some employer responsibilities for workplace safety.

For more on specific duties, check your sector’s guidance from the Health and Safety Executive (HSE).

A self employed person on a subcontracting job

What Is a Worker?

A worker is someone who has a looser arrangement than an employee. They might have irregular hours or be hired for short-term or seasonal work. Casual employees, gig economy drivers, and some agency staff often fall into this group.

Workers have fewer rights than employees, but still benefit from the protections of a worker under health and safety law. Businesses must ensure that all workers can work safely and get proper information and training.

For example, the Management of Health and Safety at Work Regulations 1999 (MHSWR 1999) apply to workers too, so you must manage risks, provide instructions, and monitor health conditions where needed.

How Does Employment Status Affect Health and Safety Law?

Your employer responsibilities under health and safety law at work change depending on whether a person is an employee, worker, or self-employed.

Below is a quick overview.

Health and Safety Duties for Employees

Employers must:

Assess risks in the workplace
Have a clear health and safety policy
Share health and safety arrangements with all staff
Provide information, instruction, training, and supervision
Offer health surveillance if needed
Review safety measures regularly
Supply personal protective equipment (PPE) if required (read more about this in our PPE Knowledge Bank article)

These steps help protect employees from serious hazards and keep your workplace safety standards high.

Health and Safety for Workers

Even without a full written contract, workers have legal protection under the general duty to safeguard anyone affected by work activities.

For example:

Workers must receive clear instructions and relevant training
Employers must control workplace risks
Agency workers need agreed safety arrangements between the agency and the business

Which health and safety legislation recognises workers?

Some pieces of health and safety legislation explicitly provide workers with greater rights. One example of this is the Personal Protective Equipment at Work Regulations 1992, which, on 6 April 2022, were amended to give workers the same right to personal protective equipment as employees have.

Health and Safety for the Self-Employed

Most self-employed people must take reasonable care of their own safety and that of others. However, certain regulations — like working with hazardous materials — may place extra responsibilities on the business hiring them.

Always check if your type of work or industry imposes extra duties for self-employed contractors.

Why Does Getting the Right Employment Status Matter?

Choosing the right employment status is essential for:

Providing the correct benefit eligibility and unemployment benefits
Protecting staff with the right health insurance or health programs
Meeting your legal duties for workplace safety and the general duty under the Health and Safety at Work Act
Tax purposes

If you’re unsure, seek legal advice before hiring a new hire or setting up a type of employment status. This protects both your business and your people.

Final Thoughts: Protecting Health and Safety for All Employment Statuses

No matter your company’s size, from small businesses to large organisations, understanding the link between employment status and health and safety law helps you protect your team, avoid fines, and build trust.

Need Help Managing Health and Safety at Work?

Our IOSH Managing Safely and Level 3 Workplace Health and Safety training courses are a great option for managers, supervisors, and small business owners who want practical knowledge of their employer responsibilities.

IOSH Managing Safely® Course - IOSH Approved

IOSH's Managing Safely® course is designed for anyone responsible for managing others in the workplace, including:

Line managers.
Supervisors.
Team leaders.
Company directors.

More Info

IOSH Working Safely Course - IOSH Approved

Our IOSH Working Safely course is suitable for all workers, regardless of sector, who require an understanding of health and safety.

More Info