Rights for Different Workers in the UK

All workers in the UK have statutory rights at work. These rights are not limited to traditional full-time employees but extend to a wide range of working arrangements, including agency work, part-time roles, zero-hours contracts, apprenticeships and work carried out by young people. For employers, understanding how these rights apply across different categories of workers is essential to lawful workforce management and compliance with employment legislation.

UK employment law recognises that modern workplaces operate with varied staffing models. Flexible arrangements can benefit both employers and workers, allowing organisations to respond to operational demands while offering individuals greater choice over how and when they work. However, flexibility does not remove legal obligations. Employers must still comply with statutory rules on pay, working hours, rest breaks, holiday entitlement, equality and fair treatment, regardless of the working pattern or contractual label used. Some rights apply from day one, while others depend on legal status or length of service, so it is important to apply the correct framework to each engagement.

A key compliance issue for employers is worker status. Employment rights differ depending on whether an individual is legally classed as an employee, a worker or genuinely self-employed. Misunderstanding or misclassifying status can expose businesses to claims for unpaid wages, holiday pay, discrimination, breach of working time rules and, in some cases, tax and regulatory penalties. This risk is particularly acute where businesses rely on agency workers, casual labour or umbrella company arrangements.

What this article is about

This guide provides an overview of employment rights as they apply to different types of workers under UK law. It explains the core legal protections for agency workers, part-time workers, zero-hours staff, apprentices and young workers, and highlights the responsibilities employers must meet when engaging individuals under these arrangements. The aim is to help employers and HR professionals understand how worker rights vary, where they overlap, and how to remain compliant across a diverse workforce.

Section A: Understanding Worker Status and Legal Rights

Before considering the rights attached to specific working arrangements, employers must understand how UK employment law categorises individuals who perform work. Legal rights do not arise simply from the title used in a contract. Instead, they depend on an individual’s employment status in law, which determines the level of statutory protection they are entitled to receive.

UK law broadly recognises three categories: employees, workers and the genuinely self-employed. Employees have the most extensive rights, including protection from unfair dismissal, statutory redundancy pay and family-related leave rights. Workers sit in a middle category. They are entitled to core protections such as the National Minimum Wage, paid annual leave, rest breaks and protection from unlawful discrimination, but they do not benefit from the full range of employee rights. Those who are genuinely self-employed have very limited statutory protections and are largely responsible for their own working arrangements, tax affairs and benefits.

Determining status requires looking beyond written agreements. Tribunals and courts assess the reality of the working relationship, focusing on factors such as the degree of control exercised by the organisation, whether the individual is required to perform the work personally, the level of integration into the business and whether there is a genuine right of substitution. Where these factors point towards dependency and control, an individual is likely to be classed as a worker or employee, regardless of how the relationship is labelled. Status can also change over time if working practices evolve, for example where casual arrangements become regular and work is expected and accepted as a matter of course.

For employers, getting worker status wrong carries significant legal risk. Misclassification can lead to claims for unpaid holiday pay, unlawful deductions from wages, breaches of working time rules and discrimination. In agency and casual working models, liability may sit with more than one party, particularly where an end hirer exercises day-to-day control over the individual. In addition, incorrect classification can trigger wider consequences, including HMRC scrutiny and reputational damage. Employers should also be aware that while HMRC’s approach to employment status and the tests applied by employment tribunals overlap, they are not identical, and a single arrangement can create exposure in both employment and tax contexts.

Understanding worker status underpins compliance across different working arrangements. Agency workers, zero-hours staff, apprentices and part-time workers may fall into different legal categories, but all are protected by statutory minimum standards. Employers should therefore assess status carefully at the outset and review it regularly, documenting the basis for the status decision and ensuring contracts reflect working reality.

Section A summary

Worker rights in the UK are determined by legal status, not contractual labels. Employers who understand the distinction between employees, workers and the self-employed are better placed to apply the correct rights, manage risk and maintain compliance across diverse working arrangements.

Section B: Agency Workers and Temporary Staff

Agency working is a common feature of the UK labour market, particularly in sectors that rely on short-term flexibility or variable staffing levels. While agency arrangements can offer operational advantages, they also carry specific legal obligations for both employment agencies and end hirers. Agency workers are not without rights, and employers must understand how these protections operate in practice.

Agency workers are typically engaged by an employment agency and supplied to work temporarily for a hirer. In most cases, they are legally classed as workers rather than employees, although this will depend on the facts of the arrangement. As workers, they are entitled to core statutory rights from day one, including the National Minimum Wage, paid annual leave, rest breaks, and protection from discrimination.

In addition to these baseline rights, agency workers benefit from enhanced protections under the Agency Workers Regulations 2010. After a 12-week qualifying period in the same role with the same hirer, agency workers are entitled to equal treatment in relation to basic working and employment conditions. This includes pay, working time, rest periods and annual leave, when compared with a comparable employee directly engaged by the hirer. Equal treatment does not extend to all employment benefits and does not include occupational sick pay, redundancy pay or occupational pension schemes.

The 12-week qualifying period does not always run continuously. Certain breaks in an assignment may pause the qualifying clock, while others may reset it entirely, depending on the length and reason for the break. Employers and agencies should monitor assignments carefully to ensure that qualifying periods are tracked accurately and that equal treatment rights are applied at the correct point.

Responsibility for compliance is shared. Employment agencies are responsible for ensuring that agency workers receive correct pay, holiday entitlement and information about assignments. End hirers must provide accurate information about roles, working conditions and comparable employees, and must not treat agency workers less favourably once the qualifying period is met. Where an agency worker’s rights are breached, liability may rest with the agency, the hirer, or both, depending on the nature of the failure.

Many agency workers are paid through umbrella companies. While umbrella arrangements can simplify payroll administration, they can also obscure legal responsibilities. Employers must ensure that umbrella companies operate lawfully, particularly in relation to pay deductions, holiday pay and compliance with tax legislation. Describing a worker as self-employed or engaging them via an umbrella company does not remove statutory employment rights where the legal tests for worker status are met.

Section B summary

Agency workers and temporary staff are entitled to significant legal protections under UK law. Employers and agencies must understand their shared responsibilities, particularly under the Agency Workers Regulations, to avoid liability and ensure fair treatment.

You can read more about Employment Law Considerations when Hiring Agency Staff here >>

Section C: Part-Time Workers

Part-time working is a well-established feature of the UK workforce and is often used to support flexible working arrangements, caring responsibilities and phased retirement. While part-time workers may work fewer hours than full-time colleagues, UK employment law is clear that reduced hours alone must not result in unfair or unlawful treatment.

Part-time workers are protected by the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. These regulations apply to employees and workers who are paid wholly or partly by reference to the time they work and who are not full-time. The core principle is that part-time workers must not be treated less favourably than comparable full-time workers unless the employer can objectively justify the difference.

A comparable full-time worker is generally someone employed by the same employer, working at the same establishment and engaged under the same type of contract. Where no direct comparator exists, employers should still ensure that part-time workers are treated fairly and that any differences in treatment can be objectively justified.

Less favourable treatment can arise in many forms. It may relate to pay rates, access to benefits, training opportunities, promotion, redundancy selection or contractual terms. In most cases, employers are required to apply a pro-rata approach so that part-time workers receive pay and benefits proportionate to the hours they work. Any departure from this principle must be based on a legitimate business aim and be proportionate.

Part-time workers are entitled to the same statutory employment rights as full-time workers, calculated on a pro-rata basis where appropriate. This includes paid annual leave, rest breaks, protection from discrimination and entitlement to the National Minimum Wage. Employers must also ensure that part-time status does not indirectly disadvantage individuals with protected characteristics, such as women or disabled workers, which could give rise to discrimination claims under the Equality Act 2010.

Clear documentation is important. Contracts and policies should set out how pay, benefits and working arrangements apply to part-time roles. Employers should also review decision-making processes to ensure that part-time workers are not excluded from opportunities simply because of their working pattern.

Section C summary

Part-time workers are legally protected from less favourable treatment. Employers must apply pro-rata principles fairly, justify any differences objectively and ensure that part-time status does not lead to unlawful discrimination.

You can read more about Employment Law for Part-time Workers here >>

Section D: Zero-Hours and Casual Contracts

Zero-hours contracts are used by employers to provide flexibility where work demand is variable or unpredictable. Under these arrangements, there is no guaranteed minimum number of working hours, and individuals are engaged as and when work is available. While zero-hours contracts are lawful in the UK, they are subject to important statutory protections.

Individuals engaged on zero-hours contracts are often legally classed as workers. In some circumstances, however, they may qualify as employees, particularly where there is an ongoing expectation that work will be offered and accepted and a sufficient degree of mutuality of obligation has developed. Employment status must therefore be assessed based on the reality of the arrangement rather than the contractual label used.

Regardless of status, zero-hours workers are entitled to core employment rights. These include the National Minimum Wage, paid annual leave, rest breaks and protection from unlawful discrimination. Employers must also comply with working time limits and ensure that zero-hours workers receive appropriate daily and weekly rest. You can read our guide to zero hour sick pay here >>

A key legal restriction affecting zero-hours contracts is the prohibition on exclusivity clauses. Employers must not prevent zero-hours workers from working for other employers, nor subject them to any detriment for doing so. Any exclusivity clause included in a zero-hours contract is unenforceable, and workers who suffer adverse treatment for taking work elsewhere may bring a legal claim.

Holiday entitlement for zero-hours workers must be calculated based on hours worked. This can present practical challenges where working patterns are irregular, but employers are still required to calculate and pay holiday correctly. While recent case law has clarified how holiday entitlement may accrue in irregular-hours arrangements, rolled-up holiday pay remains unlawful in most situations and should generally be avoided.

Good practice plays an important role in managing zero-hours arrangements. Employers should provide as much clarity as possible around expected availability, assignment acceptance and cancellation of work. Poorly managed zero-hours contracts can lead to employee relations issues, reputational harm and increased legal risk, even where minimum statutory requirements are technically met.

Section D summary

Zero-hours contracts offer flexibility but do not remove statutory protections. Employers must respect zero-hours workers’ rights to pay, holiday, rest and freedom to work elsewhere, while carefully assessing status and managing these arrangements to minimise legal and practical risk.

You can read our extensive guide to the Zero Hour Contract here >>

Section E: Apprentices

Apprentices occupy a distinct position under UK employment law. While they combine work with structured training, apprentices are not simply trainees and are entitled to specific legal protections. Employers engaging apprentices must understand both their employment law obligations and the additional duties that arise from apprenticeship frameworks and standards. Employers must also understand the Apprenticeship Levy.

Most apprentices are classed as employees and are therefore entitled to the same statutory employment rights as other employees. This includes the right to receive the National Minimum Wage, paid annual leave, rest breaks, protection from unlawful discrimination and a written statement of employment particulars. These rights apply alongside the contractual and statutory obligations associated with the apprenticeship itself.

There are specific pay rules for apprentices. Employers may pay the apprentice rate of the National Minimum Wage only where the individual is under 19, or aged 19 or over and in the first year of their apprenticeship. Once an apprentice aged 19 or over has completed the first year, they must be paid at least the age-appropriate National Minimum Wage rate. Employers must monitor progression carefully, as failure to apply the correct rate can lead to enforcement action, back pay liabilities and financial penalties.

Working time rules apply to apprentices in the same way as other workers and employees, with additional protections for those under the age of 18. Employers must comply with limits on working hours, ensure appropriate rest breaks are provided and restrict night work where required. Apprentices must also be given sufficient time to complete off-the-job training in line with the requirements of the relevant apprenticeship standard or framework.

Ending an apprenticeship agreement requires particular care. Apprentices often enjoy stronger contractual protection than other employees, especially where the apprenticeship is for a fixed training period. Dismissing an apprentice without proper cause, or failing to support the completion of training, can expose an employer to claims for breach of contract and, in some cases, compensation linked to loss of future earnings. Employers should also be aware that different rules may apply depending on whether the individual is engaged under a modern approved apprenticeship standard or an older-style apprenticeship agreement.

Section E summary

Apprentices have strong legal protections, including specific pay rules and training rights. Employers must manage apprenticeships carefully, applying employment law principles alongside apprenticeship obligations to remain compliant and reduce legal risk.

You can read our extensive guide to Apprenticeships here >>

Section F: Internships

Interns do not occupy a single, clearly defined category under UK employment law. Unlike apprentices, there is no standalone legal status of “intern”. Instead, an intern’s rights and the employer’s obligations depend entirely on the reality of the arrangement, not the label used. Employers offering internships must therefore assess carefully whether the intern is legally a worker, an employee, or genuinely a volunteer or student on a work placement.

Where an intern is classed as a worker or employee, they are entitled to core statutory employment rights. This typically includes the National Minimum Wage, paid annual leave, rest breaks, protection from discrimination and whistleblowing detriment, and limits on working time. In many commercial internships, particularly those involving set hours, defined duties and ongoing supervision, the intern will almost always qualify at least as a worker. Unpaid internships in these circumstances are unlawful and present a significant enforcement risk.

The National Minimum Wage position is the most common area of non-compliance. If an intern is required to perform work, contribute to the business and comply with obligations similar to those of paid staff, they must be paid at least the applicable minimum wage for their age. Limited exemptions apply, most notably for students undertaking a work placement as a required part of a UK-based further or higher education course, and for genuine volunteers with no obligation to work. These exemptions are narrowly interpreted, and misuse is routinely challenged by HMRC.

Working time rules also apply where the intern meets the definition of a worker. Employers must ensure compliance with maximum weekly working hours, daily and weekly rest periods, and paid rest breaks. Additional protections apply to interns under 18. Even where an internship is short-term, these requirements cannot be ignored, particularly where interns are working full-time hours alongside employees.

Ending an internship is generally lower risk than terminating an apprenticeship, but legal exposure still exists. If the intern qualifies as an employee, unfair dismissal rights may arise once qualifying service is met, and discrimination protection applies from day one regardless of status. Poorly managed internships can also lead to reputational damage, HMRC investigations and public enforcement action, particularly where unpaid arrangements are used improperly.

From a practical and compliance perspective, employers should document internships carefully, assess status at the outset, apply pay and working time rules where required and avoid informal or “try before you buy” arrangements that cut across employment law principles.

Section F summary

Internships are regulated through existing employment law, not a separate legal framework. Many interns are legally entitled to pay and statutory protections. Employers must assess status accurately, apply minimum wage and working time rules where required, and structure internships carefully to avoid legal and reputational risk.

You can read our extensive guide to Internships here >>

Section G: Young Workers and Under-18s

Young workers are afforded additional legal protections under UK employment law due to their age and vulnerability. Employers who engage individuals under the age of 18 must comply with stricter rules on working hours, rest, pay and the type of work that can be undertaken.

Children and young people can only work once they reach the minimum school leaving age. For most individuals, this is the last Friday in June in the academic year in which they turn 16. Before this point, work is limited and subject to local authority byelaws. Employers must ensure that any work undertaken by school-age children complies with local restrictions and does not interfere with education.

For young workers aged 16 and 17, working time rules are more restrictive than for adults. Limits apply to daily and weekly working hours, and young workers are entitled to longer rest breaks and rest periods. Night work is generally prohibited, subject to limited statutory exceptions. Employers are required to carry out specific health and safety risk assessments for young workers, taking account of their lack of experience, awareness of risk and maturity. These assessments are mandatory and must be reviewed where circumstances change.

National Minimum Wage rates differ for young workers. Workers under the age of 18 are entitled to the youth rate, while different age bands apply once a worker reaches 18 and 21. Employers must ensure the correct rate is applied based on age and status and must review pay promptly as young workers move between age thresholds to avoid underpayment.

Work experience placements are common for young people, particularly those in education. Whether an individual on work experience is entitled to pay depends on the nature and duration of the placement and whether they meet the legal definition of a worker. Employers must assess each arrangement carefully and ensure compliance with minimum wage rules, safeguarding duties and health and safety obligations.

Section G summary

Young workers benefit from enhanced legal protection. Employers must observe stricter rules on hours, rest, pay, health and safety and risk management when engaging individuals under the age of 18.

You can read our extensive guide to Young Workers and Under 18s here >>

Frequently Asked Questions

Do all workers in the UK have the same employment rights?
No. Employment rights vary depending on an individual’s legal status as an employee, worker or genuinely self-employed person. While all workers benefit from core protections such as the National Minimum Wage, paid annual leave and protection from discrimination, only employees are entitled to additional rights such as unfair dismissal protection and statutory redundancy pay.

Can part-time or zero-hours workers be treated differently from full-time employees?
Part-time and zero-hours workers must not be treated less favourably simply because of their working pattern. Any difference in treatment must be objectively justified. In most cases, pay and benefits should be applied on a pro-rata basis, and employers must ensure that working patterns do not result in indirect discrimination.

Who is responsible for agency worker rights: the agency or the hirer?
Responsibility is shared. Employment agencies are usually responsible for pay, holiday entitlement and contractual terms, while hirers are responsible for providing accurate information about roles and ensuring equal treatment after the qualifying period. Liability depends on the nature of the breach and the role each party plays.

Are zero-hours contracts legal in the UK?
Yes. Zero-hours contracts are lawful, but employers must comply with statutory protections, including minimum pay, holiday entitlement, rest breaks and the prohibition on exclusivity clauses. Poor management of zero-hours arrangements can still expose employers to legal and reputational risk.

Do apprentices have the same rights as other employees?
Most apprentices are employees and have the same core employment rights. In addition, they benefit from specific protections linked to their apprenticeship agreement, including pay rules and training obligations that employers must meet.

Do young workers have different rules on pay and working hours?
Yes. Young workers are subject to stricter limits on working hours and rest breaks, and different National Minimum Wage rates apply depending on age. Employers must also carry out mandatory risk assessments when engaging young workers.

Conclusion

UK employment law provides wide-ranging protection for individuals across different working arrangements, reflecting the reality of modern and flexible labour markets. Whether a business engages full-time staff, agency workers, part-time employees, zero-hours workers, apprentices or young people, statutory rights apply and must be respected.

For employers, the central compliance challenge is understanding how legal rights attach to worker status rather than contractual labels. Misclassification and inconsistent treatment are common sources of disputes and enforcement action. By applying the correct legal framework to each working arrangement, employers can reduce risk while maintaining operational flexibility.

Clear contracts, accurate pay practices, fair access to benefits and careful management of working time are essential across all categories of workers. Employers should also review arrangements regularly, particularly where roles evolve over time, to ensure that status assessments remain accurate and that rights continue to be applied correctly.

Ultimately, lawful and fair treatment of different types of workers supports not only compliance but also workforce stability, reputation and trust. Employers who take a structured and informed approach to worker rights are better placed to meet both legal obligations and business needs.

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