Employment Lawyers Can Answer Your Employment Law Questions
You will only have the same rights as employees if your employment status is actually one of an employee. Just because you have worked there for some time or do fixed hours does not make you an employee and there are further factors that need to be considered.
In fact, establishing your employment status is not an easy task and there is no single test that can be used. It is usually irrelevant what a person is labelled as by their employer because their status would depend on the overall employment relationship, not on what they referred as.
Following years of case law, a number of established factors have generally been accepted as a reasonably accurate way of establishing whether someone is an employee or self employed. The courts would still use some of these to get an overall picture of the employment relationship and determine the person's employment status.
The tests that are most commonly used can be found here:
By following the link and answering the questions you may get a good idea of what your employment status is, although it is worth noting that these are still only an indication and only a court can provide a definitive answer. They are nevertheless useful to use in negotiations with the employer.
Hope this clarifies your position? If you could please let me know that would be great, thank you
What rights are you hoping to pursue as an employee?