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WORKERS AND THEIR RIGHTS
Page 29
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There are three types of working individuals: employees, workers and those who are self-employed. Advice on determining which category you, or people you employ, fall into is available from the Department for Business Enterprise and Regulatory Reform (BERM_ Just log on to www.direct.gov.uk/en/employmentiemployees/ employment contracts
0 Drivers who work for employers and have tax and National Insurance deducted at source are regarded as employees, and they should receive full employment rights after a year. These include parental leave, the right not to be unfairly dismissed, statutory redundancy pay the right to receive itemised pay statements and time off for various things, including union activities and carrying out public duties, as well as other rights that are available to workers.
Drivers who are classified as workers — including owner-drivers who carry out work for only one client as is common in the ready mixed concrete supply sector and some agency workers — are also entitled to receive the minimum wage, protection against pay deductions, equal pay, holiday pay, the right to be accompanied to disciplinary and grievance hearings, and protection against unlawful discrimination and whistle-bowing.
The genuinely self-employed, who include owner-drivers who work for a number of clients, have very few employment rights, but they do have the right not to be discriminated against and to have safe working conditions when on a client's premises.
Another way of determining employment status is how a tax bill is paid. Information on this can be found on the Customs & Excise website at www.hmrc.gov.uk/employment-statusfindex/hIml 4 BEAR has made the announcement that agency workers will receieve new employment rights after 12 weeks in a given job. Additionally, it is currently consulting its European Union social partners on this.
0 Changes in the Road Transport Directive, due to be implemented next spring, could mean that owner-drivers face the same limits on working time as employed drivers.