My employer says we can't access information and consultation rights as we're workers rather than employees. Is this right?

The Regulations use the term 'employees' throughout, particularly when referring to the trigger mechanism, the means by which ballots on the Information and Consultation rights are put in place.

An individual is only categorised as an employee if they have a contract of employment. The law in this area is very complicated. Many workers do not legally qualify as employees, including most agency workers, casuals, home-workers, freelancers and others.

It is important to note that there is nothing in the Regulations which prevents employees from extending the Information and Consultation arrangements to all workers. If you have a union where you work, talk to them as they may be able to help negotiate for all workers to enjoy these new rights, including casuals.

However, remember that non-employee workers cannot count towards the total required to activate these rights, and that their votes will not count in information and consultation statutory ballots.

More information on the difference between workers and employees can be found here