Construction worker rights

Understand your employment status, tribunal eligibility, health and safety protection, and rights when injured or dismissed.

What is the difference between employee, worker, and self-employed in construction?

Employee: full-time, employer controls how work is done, pays tax/NI, has full rights. Worker: irregular hours, self-supplies tools, but still entitled to minimum wage and some protections (not unfair dismissal). Self-employed: controls own work, invoice for services, no employment rights. Tribunal eligibility depends on status — you must be employee or worker.

How do I know if I am a genuine worker or falsely self-employed?

Key factors: does the employer control how you work? Do you supply your own tools? Can you decline work without penalty? Do you have multiple clients? Are you invoiced and paid as self-employed? Courts look at substance, not labels. If you are told you are self-employed but the employer controls your work, you are likely falsely self-employed — a worker with full tribunal rights.

What is bogus self-employment?

Bogus self-employment (false self-employment) is when an employer labels you self-employed but you work like an employee: they control your hours, how you work, you cannot refuse work, and you work only for them. This is unlawful. You are likely a worker entitled to minimum wage, holiday pay, and tribunal protection.

Can I claim unfair dismissal if I am dismissed from a zero hours contract?

Only if you are an employee with 2 years' service. If you are a worker (zero hours, self-employed label), unfair dismissal does not apply. However, if you are a worker, you can claim unlawful discrimination, whistleblowing (protected disclosure), or breach of minimum wage. Wrongful dismissal (breach of contract) also applies.

How do I calculate holiday pay for irregular hours?

You are entitled to 5.6 weeks' paid holiday per year (usually 20 days + bank holidays). For irregular hours: calculate average weekly pay over 52 weeks and multiply by 5.6. For example: if you earn £2,000/year, your 5.6 weeks holiday = roughly £215. If you leave, accrued holiday must be paid.

Am I protected if I raise health and safety concerns?

Yes. Automatic unfair dismissal applies if dismissed for raising health and safety concerns or refusing to work in unsafe conditions (ERA 1996 s.100). No qualifying period applies. Even if your concerns were wrong, you cannot be dismissed for raising them.

What happens to my employment if TUPE applies to a construction contract?

If a project is transferred (e.g., site management changes from one contractor to another), TUPE may apply. Your employment transfers to the new employer with existing terms protected. You cannot be dismissed solely because of the transfer. However, genuine redundancy after TUPE is lawful if fairly handled.

Can I be dismissed for refusing to work without proper PPE?

No. Refusing unsafe work (including work without PPE) is protected. Under the Health and Safety at Work Act, you have the right to refuse work if there is serious and imminent danger. Dismissal for refusing is automatically unfair with no qualifying period.

What if I am injured at work and then dismissed?

Dismissal related to a work injury or sick leave taken for injury recovery is likely unfair. You cannot be dismissed for taking reasonable time to recover. If dismissed after reporting an injury (especially a serious one), this may be automatically unfair if connected to the injury.

Can I claim compensation if paid sub-minimum wage as a self-employed worker?

If classified as self-employed but genuinely a worker, yes. You can claim unlawful deduction of wages (the difference between what you were paid and minimum wage). This applies from when you started work. Calculate the shortfall and claim in tribunal.

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Construction worker rights

Your employment status determines rights

Minimum wage 21+ from April 2026 (workers included)

Raising health & safety concerns

Employment Status: The Foundation of Your Rights

In construction, your employment status determines what tribunal rights you have. There are three categories:

• Employer controls how, when, and where you work
• Provided with tools and equipment
• Fixed hours or regular pattern
• Employer pays tax and National Insurance
• Paid regularly (not invoiced)
unfair dismissal, redundancy pay, holiday, sick pay, maternity
• Employer directs when/where you work, but you control how
• Supply your own tools (usually)
• Irregular hours, but expectation to accept offers
• You invoice for services or paid daily/weekly
• You pay own tax and National Insurance
minimum wage, holiday pay, rest breaks, whistleblowing, health and safety protection
unfair dismissal, redundancy pay, sick pay, maternity
• You control all aspects of work
• You supply all tools
• Can choose to decline work or take on other clients
• Invoice for services, pay own tax and National Insurance
• Bear own business risk
virtually none (not covered by employment law)

How Courts Determine Your Status

Courts do not rely on job titles or contracts alone. They look at the substance of the working relationship. The key test is: who has control?

Factors Suggesting You Are an Employee or Worker (Not Self-Employed)

• You cannot choose your hours (they are set)
• You cannot decline work without penalty
• Employer controls how the work is done
• You work only for one employer (no other clients)
• You do not advertise your services
• Employer provides tools and equipment
• You are paid regularly, not invoiced
• You receive holiday or sick pay
• You have line manager or supervisor
• You work alongside other employees

Factors Suggesting You Are Genuinely Self-Employed

• You control your own hours and working methods
• You can refuse work without consequences
• You have multiple clients simultaneously
• You advertise your services independently
• You supply all your own tools and equipment
• You invoice for work and set your own rates
• You can hire substitutes to do your work
• You bear your own business risk and expenses

Courts look at reality, not labels. If you are told you are self-employed but the contractor controls your work and you work only for them, you are likely a worker with tribunal rights — even if you invoice.

Bogus Self-Employment: A Growing Problem

Many construction workers are classified as self-employed but controlled like employees. This is called bogus self-employment.

Red Flags for Bogus Self-Employment

• You are told you are self-employed but work standard hours
• You cannot refuse work without losing future opportunities
• You are told how to do the work by the contractor
• You invoice the same employer every week (not truly freelancing)
• You work on the contractor's sites using their equipment
• You receive holiday pay or sick pay (contradicting self-employed status)
• You are not free to take on other clients
• The contractor deducts tax/NI "as a courtesy"

If any of the above apply, you are likely a worker with tribunal rights — even if labeled self-employed.

What You Can Claim for Bogus Self-Employment

• Back pay for National Minimum Wage (if paid below)
• Holiday pay owed (5.6 weeks/year)
• Rest breaks not given
• National Insurance contributions you paid (separate claim)

Health and Safety: Automatic Unfair Dismissal

Construction is high-risk work. You have strong protections against dismissal for raising safety concerns.

Protected Under ERA 1996 s.100 (Health and Safety)

Automatic unfair dismissal (no qualifying period)

• Raising health and safety concerns (to employer, HSE, or externally)
• Participating in safety investigations
• Refusing unsafe work (in good faith)
• Refusing to work without proper PPE
• Acting as a health and safety representative
• Reporting unsafe conditions to the Health and Safety Executive (HSE)

How to Raise Safety Concerns Safely

1. Raise the concern with your manager in writing (email or letter)
2. Document the safety issue (photos, dates, what could go wrong)
3. Keep copies of all communications
4. If unresolved, report to the Health and Safety Executive (HSE) or your union
5. Protected disclosure law also applies — you cannot be fired for whistleblowing

Holiday Pay for Irregular Hours

Construction workers (employees and workers) are entitled to 5.6 weeks' paid holiday per year. For irregular hours, this is calculated based on average earnings.

How to Calculate Your Holiday Pay

1. Add up earnings over last 52 weeks
(or from start of employment if less than 52 weeks)
to get average weekly earnings
to get annual holiday pay entitlement
4. Divide by 52 if calculating weekly
to get weekly holiday pay

Earned £10,400 over 52 weeks. Weekly average = £10,400 ÷ 52 = £200. Holiday pay = £200 × 5.6 = £1,120 per year (or roughly £21.50/week).

If You Leave (Accrued Holiday)

If dismissed or you resign, calculate holiday accrued (not taken) and claim payment. If you worked 9 months of a 12-month period: holiday owed = (5.6 weeks ÷ 12 months) × 9 months.

TUPE: When Construction Projects Change Hands

If a construction project is transferred from one contractor to another, TUPE (Transfer of Undertakings) may apply.

If the site operates as a going concern under the new contractor (same work, similar workforce), your employment transfers automatically. Your terms are protected.

Your Rights Under TUPE

Your employment automatically transfers with the same terms: wage, hours, holiday, seniority. You cannot be dismissed solely because of the transfer. Changes made only to avoid legal obligations are unfair.

What Is Allowed After TUPE

The new contractor can make changes for genuine "economic, technical, or organisational reasons" (ETO). This might include restructuring or site consolidation. Redundancy is allowed if genuine, but the new employer must follow fair procedures.

If Dismissed After TUPE

If dismissed within 3 months of TUPE without fair reason or procedure, you can claim unfair dismissal against the new contractor with no qualifying period.

Injury at Work and Dismissal

If you are injured at work and then dismissed (or treated unfairly), this is likely unfair dismissal.

Sick Leave After Work Injury

You cannot be dismissed for taking reasonable sick leave to recover from a work injury. The time needed to recover is at the employer's risk.

Automatic Unfair Dismissal Risks

If dismissed while on sick leave for a work injury, especially a serious one, this may be automatically unfair (particularly if you reported the injury and raised concerns).

Notifying Your Employer

Report the injury immediately (in writing if possible). This creates a record and protects you. Prompt notification strengthens your case if dismissed later.

You are entitled to Statutory Sick Pay (£118.75/week, payable from day one since 6 April 2026) if you meet the conditions. This applies during recovery from work injury.

Claiming Compensation

You can claim unfair dismissal and personal injury compensation for the injury itself (separate claims). Personal injury covers pain and suffering and ongoing effects.

Know your construction rights.

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Start My Claim is not a law firm. Content is for informational purposes only and does not constitute legal advice.