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(11 Posts)
andadietcoke Thu 29-Nov-12 18:49:10

Isn't there a rule about working as 'self employed' in the same place for more than (something like) 13 weeks? We had to stop using someone because of it...

StillSquiffy Thu 29-Nov-12 18:45:50

I'd drop them a line saying that given your terms of employment are such that HMRC will no doubt rule that you are legally (and have always been) an employee and not self-employed, can they please confirm in writing within the next two weeks that you will be receiving identical redundancy terms as the other staff, and how much this amount will be.

Add another line to the effect that if you don't hear from them you will leave it to HMRC to sort it out on your behalf.

henesme Thu 29-Nov-12 18:43:19

that s what my husbands says.

WhoWhatWhereWhen Thu 29-Nov-12 18:32:24

Sounds like this was sham self employment, they ripped you off for years take the scum bags to the cleaners

henesme Thu 29-Nov-12 18:28:56

Hi, no i never asked what they were going to give me i thought it rude to ask and thought thry were being generous in offering something as they told me that i am not entitled to anything.

FIFIBEBE Thu 29-Nov-12 18:04:24

Did you ever find out what they were going to give you?

henesme Thu 29-Nov-12 18:01:21

Hi, thank you for your advice, i m not sure i want to drag two elderley gentlemen through a tribunal. But i do feel hurt that they made the offer to give me something but so far have not. Should i ask for it or write to them or forget about it and move on?

flowery Wed 28-Nov-12 22:54:26

Employment status is not something either you or your employer gets to decide. If the nature of the relationship between you is one of employment, then employment is what it is.

There are lots of different deciding factors, but if you were working 7 hours a day, 5 days a week for the same company, it would be incredibly unlikely a tribunal or HMRC would find you to be self-employed, regardless of what your employer might say. Calling it self-employment doesn't get your employer out of their legal obligations, much as they might wish it did.

On that basis not only does your employer owe you redundancy pay, but also holiday pay for a long time, and also a big bill to HMRC.

henesme Wed 28-Nov-12 22:43:12

Hi , i was self employed, i worked seven hours a day , 5 days a week and was paid on a commission only basis. I did not receive any sick pay although i was never off sick or any holiday pay so did nt take any holiday.

flowery Wed 28-Nov-12 18:42:33

On what basis were you self-employed? You refer to them as your 'employer' not your 'client', which was it?

henesme Wed 28-Nov-12 16:31:38

Hi, please can anyone advise me as what to do. I worked for my previous employer for 14 1/2 years under self employed that terms. They announced 15 weeks ago that they were going to retire giving an eight week notice period. They told the employed staff that if they stayed for the full eight weeks they would receive redundancy pay.They told me that of course i would not be entitled to any redundancy as i was self employed but they would give me something if i too agreed to stay for the eight weeks.
I did stay for the eight weeks and now another seven weeks have passed but
i have not received any payment. The question i need answered is do i ask for the money or forget about it, many thanks please help i keep going round in circles not knowing what to do.

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