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Self Employed and Statutory Sick pay

(5 Posts)
grouchyoscar Mon 18-Aug-08 13:36:23

DH is on a really strange set up at the moment. He is technically on a self employed contract but the people he works for still treat the staff like they are employees rather than contractors.

DH had proper flu a couple of weeks ago. He was signed off by the GP for a fortnight. We have also had a week's holiday. His pay this month (which was actually for June FFS) had the 14 days sick deducted from it.

DH wants to know can he clam any sick pay for this time?

Hope one or two of you knowledgeable ladies can help

Sam100 Mon 18-Aug-08 13:38:59

Is DH operating a payroll for himself i.e. paying his own tax and NI over to HMRC? Or is he a sub-contractor on CIS scheme?

grouchyoscar Mon 18-Aug-08 13:42:52

Doing his own payroll (Or I am IYKWIM)

grouchyoscar Mon 18-Aug-08 14:34:28

any knowledge/advice please

TIA

bump

islandofsodor Wed 20-Aug-08 16:56:13

If the people he works for are treating him like they would an employed person eg. they set the hours he works, he can't just pick and choose, they take all financial risk (eg he is paid by the hour not quoting for a set job) and he is not able to send someone else in instead if he feels like it then they are illegally treating him as self employed.

If the Inland Revenue investigated they would probably find that the employer is outstanding employers NI plus sick and holiday pay.

Genuine self employed people don't get sick or holiday pay.

I guess it's up to him whether he wants to take it to tribunal or not.

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