Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Do you choose what hours you work?
Also, has the employer paid you holiday and / or sickness pay during the course of your employment?
OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. A person's legal rights in the workplace will mainly depend on their employment status. However, 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.
You may use the Government’s Employment Status Indicator tool to find out what your status is most likely to be:
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.
In terms of potential issues – these would mainly concern the employer, for example if they did not ay NI contributions for you as an employee or given you some of the benefits that employees should get. If you have paid your taxes over this time then you are unlikely to be in any trouble.
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