How To Run A Pub

Who is an employee?

Who Is An Employee?

Not all persons who perform work for others are employees, in the case of pretty well all pubs, your staff will be classed as employees. The tests for whether a person working in a pub is an employee are fairly simple:

The Employment Rights Act 1996 contains a number of definitions which are a useful starting point for determining employment status:

The courts in the UK have reached the conclusion that the two basic components of an employment relationship are: “mutuality of obligation”, where you and your staff must be under legal obligations to each other and “personal obligation” where the obligation that falls on your staff must fall on the individual personally i.e. an employee cannot provide a substitute to do his or her job. The key factors are:

 

Top Tips on deciding who is an employee, such as cleaners, door staff and DJs:

Back to An Introduction to Employment Law