Employed or self-employed?
The rights described in this document apply to full-time and part-time employees, provided they satisfy the qualifying conditions for parental leave, such as length of service, and have a contract of employment, written or unwritten, with their employer. Whether someone is an employee working under a contract of employment or a self-employed person working under a contract to provide services depends upon the true nature of the agreement entered into by the parties. If the employer has a duty to provide work, controls when and how it is done, supplies equipment to do it and pays tax and national insurance contributions on the worker’s behalf, then it is likely that the worker is an employee. Further information on employment status and contracts of employment can be found in Contacts of employment: changes, breach of contract and deductions from wages. 1.5 People not covered by the provisions In addition to self-employed workers, the Regulations do not apply to members of the police se