Even if you’re called self-employed, time spent waiting for bookings can be paid work.

The situation

A hair and beauty technician worked at E11 Backstage Studio Ltd. Both sides called it self-employment. She never received a written statement of her employment terms, only an informal set of house rules. Then, from 1 January 2025, the salon began requiring her to attend and remain at the premises even when she had no client bookings, on quiet days and during gaps between appointments. She brought a tribunal claim.

What the tribunal found

She had been a worker throughout the relationship, whatever the "self-employed" label said. That was the tribunal's finding. From 1 January 2025, once the salon required her to attend and stay on site regardless of bookings, that idle time became paid working time under regulation 32 of the National Minimum Wage Regulations 2015. She was awarded £1,031.54 for it, plus £3,800 in unpaid holiday pay.

The salon argued that agreeing "self-employment" and never asking for written terms counted as exceptional circumstances. The tribunal disagreed, and ordered the maximum additional award, four weeks' pay of £1,683.32, under s.38 Employment Act 2002, because the salon never gave her a compliant written statement of her employment terms. The total award reached £6,514.86.

She later asked the tribunal to backdate her idle time pay to the very start of the relationship. The tribunal refused the request. It had already weighed the evidence, and found her duty to attend without bookings only began in January 2025.

What actually happens day to day carries more weight than the label on your contract or invoices. Controlling how, when, and where someone works can make them a worker in law, whatever the paperwork calls them.

If you are required to attend or stay at your workplace, even when there is nothing booked in for you, that time should usually be paid. This is often called "idle time" under minimum wage law. It can apply whether you are on a zero-hours contractA contract that offers no guaranteed hours of work. You attend only when required, and you can turn down work that's offered. You're usually a worker rather than an employee under this kind of contrac..., casual work, or told you are self-employedA working arrangement where you are in business on your own account rather than working under a contract of employment. The label your employer gives the arrangement does not determine your status —.... Pay attention to the date your employer starts making you turn up regardless of bookings, because that is the date this obligation begins. Keep a record, in writing where possible, of exactly when and how you were told to attend.

It is also worth checking whether you were ever given a written statement of your main employment terms, covering your pay, hours, and holiday entitlement. Employers must provide this. If they never did, that is a separate breach, and it can add several weeks' pay on top of another claim. If you think you have been underpaid for time spent waiting around, or never received your written terms, get advice before you bring a claim. A specialist can help you work out what you are owed and how to prove it. For more on what happens when an employer never gives you a written statement of your terms, see our case study on the written particulars penalty.