Who is a Worker?

Abstract

The article focuses on the term ‘worker’, which is replacing the traditional term ‘employee’ in a growing number of Acts and Regulations. The interpretation given to this term by the Employment Appeal Tribunal is reviewed, and a different interpretation is suggested, with the aim of better achieving the purpose of the new category. It is argued that the protection afforded to ‘workers’ should cover every work relationship that is characterised by significant dependency on the putative employer, even without the presence of democratic deficits (or subordination). It is shown that such a solution fits the logic of intermediate categories, as well as the legislated definition of the ‘worker’ category.

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