The Equality Act: what are my rights as someone who is self-employed?

Most self-employed people assume employment law doesn’t apply to them. However, the Equality Act 2010 protects individuals from discrimination in the workplace, regardless of their employment status. While this legislation applies broadly, understanding how the Equality Act affects self-employed individuals can be less straightforward.

This blog outlines the rights available to self-employed people, particularly when making claims under the Equality Act against those they work with or provide services to.

Does the Equality Act apply to the self-employed?

Yes, the Equality Act covers ‘workers’, their clients, customers and people hired to perform services, not just employees. This protection includes nine protected characteristics, which are:

1. Age
2. Disability
3. Gender reassignment
4. Marriage/civil partnership
5. Pregnancy and maternity
6. Race
7. Religion or belief
8. Sex
9. Sexual orientation

Can self-employed people make a discrimination claim?

Yes, but it depends on the specific facts of the working relationship.

The Equality Act protects individuals from discrimination in the workplace, and importantly, claims can be brought not only against employers but also against individuals personally responsible for discriminatory behaviour arising from a protected characteristic.

This means that if you experience discrimination while working, you may be able to take actions against both a company and the individual involved.

Even as a self-employed individual, you may be protected under the Equality Act if your working arrangement meets certain criteria. You must have:

• A contract of employment
• A contract of apprenticeship
• A contract to personally perform work

To qualify for protection against discrimination, you are usually required to carry out work personally. In practical terms, this means there is no genuine right to substitute someone else in your place, and you are expected to deliver the service yourself.

In addition, you need to show that the other party, i.e., the employer or client, exercises a degree of control over how the work is done.

Depending on the nature of the relationship, you may be able to make a discrimination claim.

Truly independent businesses providing services to clients, with full autonomy and substitution rights, may therefore fall outside protection under the Equality Act. It’s worth noting that the Equality Act does not offer protection to unpaid volunteers.

Who can discriminate against self-employed people?

• Clients and end-users
• Membership organisations and professional bodies
• Service providers

What types of discrimination are covered under the Equality Act?

While there are various types of discrimination that employees and workers face, such as age discrimination and sex discrimination, these fall into different categories:

• Direct discrimination
• Indirect discrimination
• Harassment and victimisation (bullying)

Read more about the differences between these types of discrimination here.

What other employment rights do self-employed individuals have?

If you are self-employed, you still have certain key legal safeguards in addition to protection from discrimination:

• Health and safety protection while carrying out work
• Contractual rights and obligations based on your agreement/contract

Self-employed workers do not benefit from many of the statutory rights given to employees or workers. For example, they are not generally entitled to:

• Protection from unfair dismissal
• Statutory sick pay
• National minimum wage
• Paid holiday
• Maternity, paternity, adoption or shared parental leave/pay

However, this does not mean they are entirely without protection. If you have any concerns about the way you have or are being treated as a self-employed worker, it’s important to seek advice from an employment law solicitor who can help you understand what to do next.

What if you’re labelled self-employed but treated like an employee?

In some cases, individuals are classified as self-employed but work under conditions that resemble employment. For example:

• You have little to no control over your working hours or place of work
• You are not allowed to send a substitute
• You are fully integrated into the business

Common examples of self-employed workers who are treated like employees are:

• ‘Gig economy’ workers such as Uber drivers
• Couriers
• Hairdressers (where they have a ‘seat’ in a salon)

Regardless of what is written within your contract, if the conditions of your work and the actual relationship are more akin to employment, you are not self-employed and could instead be a worker or even an employee, which would entitle you to additional legal protections.

Read more about the difference between employees, workers and self-employed workers here.

Is it an employment claim or a contractual dispute?

Although it’s not always easy, it’s important to distinguish between employment-related claims and general contractual disputes.

If your concern relates to discrimination, harassment, or victimisation connected to your work, this may fall under the Equality Act 2010 and could be pursued as an employment tribunal claim, provided you meet the criteria.

However, if your issue relates to matters such as non-payment for services, breach of contract, or disagreements over services, this is more likely to be a contract dispute, rather than an employment claim. In this case, you would need to seek advice from a commercial litigation lawyer.

The key question is: does the issue arise from your legal working status and rights under employment law, or simply from the terms of your business agreement?

If you aren’t sure, seeking legal advice can help protect your rights and ensure the correct process is followed.

Don’t dismiss your rights as a self-employed worker

While self-employed individuals do not have the full range of employment rights, they are not necessarily excluded from protection against discrimination. Many gig economy workers, freelancers, and contractors have successfully argued they fall within the scope of the law.

Get in touch with our employment lawyers

Whether you are covered often depends on the nature of your working arrangement. If you are unsure about your employment status or believe you have experienced discrimination while at work, get in touch. Call our employment lawyers in Bristol on 0117 325 2929 or fill out our online enquiry form.