introduction

There are two forms of employment status which it could either be an employee or a worker. The employment status will assist to define the rights and responsibilities for a particular one at work. The basic way of identify employment status is to look closely at whether there is a contract or not between the parties. The contract can be either verbal or written form. If no contract between them then there is no employment relationship. If a contract does exist, then it needs to be identified whether it is a contract of employment or not.
A person is classed as an employee in the event that the person is working under an agreement of employment. An agreement not necessary to be written as it exists when both employee and employer agree the terms and condition of employment. It can likewise be implied from actions and those of the individual to be worked for. As stated in the law, employer is obliged to deduct income tax and national insurance contributions from employee’s wages before they are paid. Employee also qualified for all minimum statutory employment rights including maternity and paternity leave, the right not to be unjustifiably released, statutory redundancy pay and all the worker’s rights.
Worker is a wider group than 'employee'. The category ‘worker’ usually does not include those who are self-employed. A worker is anyone who works for a particular employer, either under a contract of employment, or other contract where a person embraces to do or perform a work or to provide service personally. Workers are also qualified to claim employment rights and protections. Individuals that are liable to be classified as workers are freelancers, agency workers or short-term casual workers. If all qualifications are met,...

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... to classify as a self-employed. He accepted payslips from Three Foot Six too. However the evidence were prepared wrongly. It supposedly refers to Mr Bryson’s withholding tax. However, the evidence as to the tax was less than conclusive. He was accepted to be independent contractor when he was working with Weta Workshop. When he started with Three Foot Six he kept on receiving the IR3 forms from the Inland Revenue Department. He basically filled in the forms that were sent to him yet it is not an exceptional that he acquiesced to independent contractor status. Also, there was no proof that Mr Bryson was working separately as a business entity. His wage from Three Foot Six was not linked to the benefits or losses made by that firm. He was paid a standard wage dependent upon a hourly rate. This practice distinguish that he is more to an employee than a contractor.