Your rights at work depend whether by law you are an employee (which means that you get better rights) or a worker (which means you do not do so well). This is an important difference, but there is no easy test. Many agency workers fall into the grey area between the two. Ultimately only an employment tribunal or a court can decide, though advice agencies and unions have lots of experience.
You are likely to be an employee if:
your employer provides work within set hours and pays you for being available to work.
your employer controls what you do and lays down how and when you do it
you have to carry out the work personally, and cannot send someone else to do it on your behalf
your employer supplies the tools or other equipment for the job
your employers deducts tax and National Insurance from your wages (although some workers also have this)
You are likely to be a worker if:
your employer only offers work as it is available, and you are hired to complete a task rather than attend between set hours
you can decide when you will work, and turn down work when offered
you can send someone else to do the work in your place if you want
you provide your own tools and equipment.
you do not have tax and National Insurance deducted from what is probably called a payment or fee rather than wages (though some workers do have deductions)
Some of our most important employment rights are unfortunately only available to those who are classed as 'employees'. This is especially common with agency workers, and many do not qualify for these rights as they do not pass the 'employee' test
