Self-employed

Self-employed workers are excluded from the main WTR, although they are now covered by the RTR road transport working time regulations. In the marine sector the FVR regulations are seen as providing a useful benchmark for self-employed fishermen (under the industry Code of Practice on working time).

In the early years of the WTR regulations, building workers, supported by construction union UCATT, won an important victory in a tribunal claim for the right to paid holidays. Despite being classed as self-employed by their employers, there was enough of a contractual relationship to show that they were “workers”: They were protected by the WTR and entitled to paid holidays (Byrne Bros v Baird [2002] IRLR 96).

But the struggle against “bogus” self-employment is ongoing, especially with the growth in self-employment in the current recession. It’s a priority for the Gangmasters’ Licensing Authority (GLA) which oversees agriculture, horticulture, forestry, fish processing, shellfish gathering, dairy farming and the packaging or processing of food and drink (but not construction).

Under the GLAs Licensing Standards (Standard 5) a worker must be able to take the rest periods, breaks and annual leave to which they are legally entitled; and must not be forced to work more than 48 hours a week on average unless they agree to work beyond this limit (any agreement must be voluntary, in writing and signed by the worker and a worker must be free to amend or cancel this agreement, subject to notice requirements).