LRD guides and handbook October 2021

Health and Safety Law 2021

Chapter 10

Who has WTR rights

[ch 10: page 207]

All workers (not just employees) have WTR rights.

A worker is anyone who works under a contract personally to perform work or services for another, unless that other party is a client or customer of their own business (in other words, unless they are genuinely self-employed and providing goods or services to their own clients and customers) (regulation 2(1), WTR).

The WTR protect all kinds of worker. This includes temporary agency workers, apprentices, casual workers, zero hours contract workers and the falsely self-employed (FNV Kunsten Informatie en Media v Staat der Nederlanden [2014] C-413/13). Interns will be protected if they are “workers”.