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Employment status Contractor to Permanent staff - employee rights

(9 Posts)
blackistheneworange Thu 20-Oct-16 06:54:47

I was previously a contractor for a small company. They have since made me a permanent member of staff, so I've switched from Self-Employed to Employed. I have been there 3.5 years but have only been on a PAYE status for just under a year.

Am I classed as being there 3.5 years for the purpose of contract law?

blackistheneworange Thu 20-Oct-16 07:03:43

I should add that we have yearly contracts too - does that effect my rights?

HidingFromDD Thu 20-Oct-16 07:04:43

Assuming this is a query about employment rights, I think it will be counted from the time you started as a permanent member of staff.

HidingFromDD Thu 20-Oct-16 07:05:41

Are you currently on a fixed term contract, or was that the basis on which you were 'contracting'?

HidingFromDD Thu 20-Oct-16 07:07:41

Sorry, just seen you were self-employed so presumably you invoiced monthly. Pretty sure your length of service will begin from when you started as a permanent member of staff. Whether you're on FTC shouldn't make a difference for employment rights but may make a difference to your entitlement to certain company benefits

Alibobbob Thu 20-Oct-16 07:08:12

I would think from permanent unless you were TUPE'd over which I think is unlikely from being self employed.

Ring ACAS for free expert advice - you'll get an answer straight away.

blackistheneworange Thu 20-Oct-16 07:23:55

Thanks. It's slightly complicated, as even when I was a contractor for the purpose of HMRC I met their Employment Test to say I was employed although paying my own taxes, NI etc. I was led to believe I had rights by the MD but now I am not so sure and worried about my position.

atticusclaw2 Thu 20-Oct-16 07:30:30

I am an employment lawyer. You have only been an employee since you started as an employee. Previously you were self employed. As such your qualifying service runs from the date you became a permanent employee. In your scenario you have a year's service. This is not enough to give you the right to bring a claim unfair dismissal. Nor would you be entitled to a statutory redundancy payment.

Its not always clear cut but you can't have your cake and eat it i.e. the taxation benefits of being self employed plus the employment protection rights. People do sometimes try to argue the point though for example if they never intended to be self employed but the company said that was the only way they'd be taken on and then they were treated in exactly the same way as all permanent employees.

blackistheneworange Thu 20-Oct-16 07:33:28

Thanks Atticus and everyone else.

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