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BONUS: Employment Law and Worker Classification

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What's the difference between an employee, a worker, and a freelancer?

And why does getting this classification wrong from the start risk costly consequences for your business?

In this bonus episode recorded at the 2025 Develop Brighton Event, we hear from Adam McGlynn, an Employment Associate at the legal firm Mishcon de Reya. He breaks down one of the most fundamental yet complex areas every creative business must navigate, understanding employment status and getting working classifications right from day one.

Adam cuts through the legal complexity to explain the practical implications of each employment classification. On one end of the scale, employees have various rights you need to consider, but you are able to exercise a lot of control over how they work. At the other end of the scale, employing freelancers gives you maximum flexibility when it comes to payment structures, but you can’t exercise as much control over their work and there are intellectual property considerations that often catch businesses off guard. With the UK's unique three-tier system of employee, worker, and self-employed creating both opportunities and pitfalls, this conversation provides essential clarity for anyone hiring talent in the screen industries.

From HMRC visits and potential criminal charges for tax miscategorisation, to the upcoming Employment Rights Bill changes under the Labour government, Adam shares why getting these fundamentals right isn't just about legal compliance, it's about creating sustainable, fair working relationships that protect both businesses and the people they work with.

The WorkWise for Screen podcast is supported by the BFI, awarding National Lottery Funding.

 

This episode covers:

  • The three employment classifications and what rights come with each
  • Control vs flexibility: understanding the trade-offs in different arrangements
  • Tax law vs employment law: why they're different and both matter
  • The Equality Act: when it applies and practical approaches to reasonable adjustments
  • The upcoming Employment Rights Bill changes and preparing for reform

Episode Topics

Keith and Tacita introduce the episode and Adam explains the difference between freelancers and employees and the tax implications and legal considerations that come with each employment category. (00.00 - 6.55)

Adam discusses equality and diversity in recruitment and gives some examples of best practices for recruitment and onboarding, before Keith and Tacita summarise the episode and give their conclusions. (06.55-end)

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