There are three different employment statuses: employee, worker and self-employed. Employment status matters as it can provide protections and rights for music teachers. Even employees and workers with zero-hours contracts have the rights that follow from their employment status.

Employees 

An employee is someone with a contract of employment. Typically, an employer is likely to have a high degree of control over what a person does, how it is done and when it has to finish. Employees cannot send someone else to do their work and if an employee breaks the organisation’s rules, they can be disciplined or dismissed. Whether or not you are an employee always depends on the specific facts, but in essence, the more control that an organisation exerts over you, especially during times when you are not working for them, the more likely you are to be an employee.

Workers 

A worker is someone who is required to personally perform any work or services but who is not doing that work as a genuinely self-employed person. In other words, they are not running their own business looking after their own customers and clients. Typically, workers are engaged to do work on a casual, freelance or as-required basis. ‘Worker-style’ contracts often state that the organisation is not ‘obliged’ to offer work or the individual to accept it. The main difference between employees and workers is the amount of control asserted by the organisation over the individual’s activities, especially when they are not working.

Self-employed 

An individual is considered self-employed if they run their business for themselves and take responsibility for its success or failure. The genuinely self-employed have very few rights at work, except what they have been able to negotiate in the contract with their customer.

Why employment status matters 

Knowing your employment status is important because it is the gateway to key legal rights such as holiday pay or protection from unfair dismissal. However, employment status can be a complex area. An important point to note is that even if you have signed a written contract document that describes you as ‘self-employed’ or ‘freelance’, that is often not the end of the matter. In 2021, in the case of Uber v Aslam, the Supreme Court said that what matters more than the documentation is the way the relationship really plays out, day to day. For example, if there is a high degree of control, a teacher cannot send a substitute and cannot negotiate their own fees, then they are more likely to be a worker or employee. If the opposite is true and a teacher is able to send a substitute, deals directly with parents and sets their own fees, then they are more likely to be self-employed. If you are in doubt about your employment status you should seek legal advice. ISM members can get advice from the ISM’s legal team.

Employment Rights 

Being classified as a worker or as an employee brings with it a number of benefits which self-employed musicians generally do not have.

Workers are entitled to certain employment rights, including: 

  • a written statement of employment particulars outlining job rights and responsibilities 
  • the National Minimum Wage 
  • protection against unlawful deductions from wages 
  • paid holiday 
  • rest breaks 
  • payslips 
  • protection against unlawful discrimination 
  • protection when reporting wrongdoing in the workplace (“whistleblowing”) 
  • not to be treated less unfairly if working part-time 
  • some protections under health and safety legislation

All employees are workers, but an employee has extra employment rights and responsibilities including: 

  • Statutory Sick Pay (SSP) 
  • statutory maternity pay and leave 
  • statutory paternity pay and leave 
  • statutory adoption pay and leave 
  • statutory shared parental pay and leave 
  • minimum notice periods based on length of service if employment will be ending 
  • protection against unfair dismissal after two years’ continuous service 
  • the right to request flexible working 
  • time off for dependants 
  • time off for public duties 
  • Statutory Redundancy Pay after two years’ continuous service 
  • protection from unfair dismissal if taking action over a health and safety issue

Self-employed music teachers may have some employment rights such as protection for health and safety whilst working on a client’s premises and some protection against discrimination. If you feel that any of these rights are not being implemented then take legal advice. ISM members should speak to the ISM legal team for advice.

This advice has been written for teachers in the UK. If you live outside of the UK, please refer to your local organisations for advice. Visit ism.org for more information. 

Last modified: Monday, 25 March 2024, 8:56 AM