Worker
A ‘worker’ is more difficult to define but one key factor is the requirement to carry out work personally. This is important because an increasing number of rights accrue to workers such as the right to be paid holiday pay.
Some sub-contractors may be regarded as workers e.g. bricklayers who are recruited to provide their services personally in the building of homes. The Court of Appeal has ruled that bricklayers engaged in gangs were entitled to be regarded as workers. This was principally because they found that when the contract was entered into, the workers in question were expected to perform the work personally.
