My employer says that paternity leave regulations don't apply to me as I'm not an employee. Is this true?

Some working people will not get the same access to paternity leave and pay rights as others, without anyone breaking the law. This is because the rights only apply to employees and not everyone who works for someone else is an employee in the eyes of the law. Some employers do try and get round their obligations by treating their staff as self-employed when legally they are employees. You can even find that you are taxed as if you are employed but still denied the legal rights that an employee would enjoy. This is because, in legal terms, you are a worker not an employee.

If your employer tells you that you are a worker rather than an employee, because for example you work from home, obtained work through an agency or are a casual worker, then you must seek legal advice and clarification. It is vital that you seek advice to be sure you get the leave and pay that is yours by rights. You can find out more about this from your trade union and from the TUC's booklet Your Job and the Law available from the TUC Know Your Rights line 0870 600 4 882. If you find that you are a worker and not an employee, you are not entitled to any paternity leave.