Freelance workers

I am the union rep at a major press agency. Although most of my members are directly employed, there are a

couple of freelance workers who are paid to attend and report on specific events. These workers are all treated as self-employed for tax purposes. We think they should be able to use the part-time workers regulations and have the right to no less favourable treatment than that available to full-time workers.

The EAT has recently ruled on a similar case. It says the crucial point is not what people label themselves but whether the employer controls the work that is done.

If your employer has a contractual obligation to offer work to these members, they are workers and can have the protection of the part-time workers regulations.

However, if they are genuinely freelance with no rights to be offered work, they will not be working under the kind of contract that would give them rights to statutory protection.

* More information: PA News v Loveridge, Jones and Jones EAT/0134/03