The golden age of UK reality TV – kicked off by Big Brother over 25 years ago – has recently been tarnished by allegations concerning participant welfare and production practices on programmes including Married at First Sight.
These reports raise questions not only about the duty of care owed to participants but also about their employment status and statutory rights, regardless of their contractual label.
As businesses increasingly rely on contractors and freelancers, the issue extends beyond television. For HR professionals, understanding how individuals should be classified and managed is essential to modern workforce planning.
To determine status, look beyond the contract label
Employees, workers and self-employed contractors receive different legal protections determined not just by the contract, but by the relationship in practice.
A freelancer may appear like a worker or employee if the organisation controls their hours, location and duties, or if they report to a line manager and carry out business-as-usual work. Whether they must perform the work personally is relevant; a genuine right to provide a substitute may support self-employed status.
Getting this distinction wrong can be costly, as it may invite claims for unpaid entitlements, scrutiny of similar arrangements and, most significantly, unfair dismissal. From 1 January 2027, employees will be able to bring an ordinary unfair dismissal claim after six months’ service (previously two years), with the compensatory award cap removed.
Ultimately, no single factor is determinative. Contractual labels carry limited weight if day-to-day practices point towards worker or employee status.
Bring HR in before the freelancer starts
Managers sometimes make arrangements without HR involvement, such as bringing in support to meet a deadline or extend – or even change – a contractor’s assignment. This can leave HR without a clear view of who works across the organisation or how they are managed, allowing a short-term assignment to become an established role.
To mitigate this risk, HR should require approval before a freelancer is engaged or an assignment is extended. They should assess deliverables, duration, reporting arrangements, substitution allowances and freedom over delivery. All of these together help establish job role and status.
There should also be clear HR guidance around line management: requiring permission for time off, imposing fixed hours, closely supervising day-to-day work or placing a freelancer within the same reporting structure as employees may redefine a freelancer as an employee.
Do not let status drift go unchecked
Even well-structured arrangements can change, so contract renewal should not be treated as a formality.
A contractor engaged for a discrete project may become integrated into the workforce, while a freelancer who works fixed hours and reports to a manager may begin to resemble an employee. An incorrect status can lead to employment claims which – whether successful or not – can have expensive repercussions including business disruption and reputational damage.
Regular reviews can identify this ‘status drift’ early. Where working practices no longer match the agreement, HR should pause any renewal, assess potential liabilities and decide whether to restore the individual’s independence, reconsider their status, or both.
Similar arrangements should also be reviewed to establish whether the issue is isolated or more widespread, with specialist advice sought where positions and contracts remain unclear.
Reality television may be the headline-grabbing example, but the risk is far more common. HR teams should review freelance arrangements, ensure day-to-day practice matches the contract, ensure there is a procedure in place for status reviews, and address any gaps before they become disputes. Early HR involvement is often the most effective way to prevent misclassification risks and ensure workforce models remain legally sustainable as business needs evolve.
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