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Original poster

Problem with work contract, not sure what to do

42 replies

Trifletrifle · 20/12/2023 08:46

I’ve recently joined a tutoring group run by our local council. It’s on a self employed basis and I get termly contract with offers for work. I go into local schools to tutor children in my specific subject and parents pay the tutoring group who then pay me an hourly rate. Parents choose to either pay for 1-1 sessions or group sessions (with 2 or 3 children). Most parents pay for group sessions as it’s much cheaper for the parent.

At one of my schools, only one student has signed up for group tuition. Sessions need to be 20 minutes as per my contract. I have been delivering 20 minute sessions weekly, however, my contract stipulates it works on a ratio basis of 10 minutes per student. E.g if I see two students I claim 20 minutes, if I see 3 students it’s 30 minutes. I am allowed to see up to 3 students per 20 minute sessions.

I have recently discovered that the tutoring company will only pay me for 10 minutes for this session, despite delivering 20 minutes (my contract states each session must not be less than 20 minutes).

I have questioned this and have been told the expectation is for me to ‘increase my time’ or persuade the parent to pay for 1-1 sessions (which is twice the price for them). This particular school is in a deprived area and the parent cannot afford to pay the 1-1 fee and despite my efforts I have not been able to increase my time.

The tutor company have sent me a screenshot of the part of my contract which states I will receive 10 minutes pay per student, but have apologised for the ambiguity as each session must be minimum of 20 minutes.

As I am self employed I get no ‘perks’ which I accept, but this seems wrong to me so I messaged my line manager to say it’s not worth me travelling for this appointment to only be paid for 10 minutes but working for 20 minutes, and therefore won’t be continuing to see this student next term in the New Year. Manager has told me to explain the situation to the parent which I have. Parent has now made a complaint to the tutoring company stating how upset she is that her daughter has to discontinue lessons with me as she was making so much progress and was really enjoying her lessons with me.

I guess I am looking for advice as I really enjoy my job but this has soured things a bit for me and I am feeling awkward and feel my manager is really cross with me.

Any advice moving forward please?

OP posts:
BorisIsACuntWaffle · 20/12/2023 09:22

That's absolutely shocking.
I'd expect minimum of one hour of your rate for going to a school. Good tutors are hard to come by. If they can't offer you that go elsewhere. It's not worth your while

Original poster
Trifletrifle · 20/12/2023 09:22

It seems that I am self employed to suit them as in it’s much cheaper for them not to pay sick pay, holiday pay, expenses or pension. However, it seems they want me to behave / work as an employed person. Just feel a bit confused as I really like my job but don’t feel comfortable with this arrangement/ contract

OP posts:
123ZYX · 20/12/2023 09:21

The way you are paid (I.e no sick pay etc) doesn't make you self employed. The way you work makes you employed/ self employed and then the payment method follows on from that.

There are indicators of self employment that HMRC consider - they have an online form that you can complete to get a good indication of which you are.

SausageAndEggSandwich · 20/12/2023 09:20

I would contact HMRC about the contract re: self employment

That doesn't sound right to me to say you can't work for anyone in a similar field

Original poster
Trifletrifle · 20/12/2023 09:19

Sparklfairy · 20/12/2023 09:16

You could say that this oversight/loophole amounts to an unfair contract term. Frame it that obviously they just hadn't realised that only one student being in the class would be a possibility. Ask them to amend the contract to pay you minimum 20mins regardless of class numbers.

Is there a way you can cancel/refuse to do the class?

They won’t change the contract and I have informed them I will not be continuing with this class next term. My issue is this has seemed to piss them off and I feel awkward about it and I am sure they now see me as a pain in the arse.

OP posts:
Original poster
Trifletrifle · 20/12/2023 09:17

BakedBeansforabrain · 20/12/2023 09:16

If you can’t work for anybody else, then you are not self employed

That’s what I thought

OP posts:
Sparklfairy · 20/12/2023 09:16

You could say that this oversight/loophole amounts to an unfair contract term. Frame it that obviously they just hadn't realised that only one student being in the class would be a possibility. Ask them to amend the contract to pay you minimum 20mins regardless of class numbers.

Is there a way you can cancel/refuse to do the class?

BakedBeansforabrain · 20/12/2023 09:16

If you can’t work for anybody else, then you are not self employed

OneMoreTime23 · 20/12/2023 09:12

Itsallfunngamesuntil · 20/12/2023 08:52

This is your managers issue to sort. Will it put you below minimum hourly rate if they stick to their guns?

NMW doesn’t apply to self employed workers.

Original poster
Trifletrifle · 20/12/2023 09:10

Also I don’t really want to ruffle any feathers as this is run by the local council who have good relationships with many schools who are more than happy to use their tutors. I have found that approaching schools as an independent individual virtually impossible, but if I say I am from ‘name of tutoring company’ I am welcomed as they are well known with a good reputation, therefore it is a more significant guarantee of work.

OP posts:
Original poster
Trifletrifle · 20/12/2023 09:02

I am self employed as in I am paid by the hour, pay my own tax / NI, receive no holiday, sick pay or pension. Yes sorry you’re right, this person is not really my manager, just not sure what to call them. Basically my contact at the company who offers me work and who I contact with any issues. I work independently (for myself) and for this company. It also states in my contract that I am not allowed to work for any other business seen to be a competitor- however, I find this confusing as I thought being self employed means you can work for who you want.

OP posts:
Aprilx · 20/12/2023 09:02

PiggieWig · 20/12/2023 08:57

I agree, this doesn’t sound like self employment. Do you have other work besides this?

I mean I would say it is perfectly possible for tutoring to be carried out on a self employed basis. But if that is how the Tutoring Company wants to do it, then they have no right to refer to anybody as being OP’s “manager” and no no right to tell her off for not taking work that doesn’t pay.

If they want to run the relationship like that, they they need to pay as a worker or employee.

PiggieWig · 20/12/2023 08:57

I agree, this doesn’t sound like self employment. Do you have other work besides this?

Aprilx · 20/12/2023 08:54

I hope this doesn’t come across as pedantic, because I know it might sound that way, but I think it is really important.

You refer to this work as your job and you are referring to somebody as your manager and yet you say you are self employed. Those things are mutually exclusive.

So on the basis that you are paid as if self employed, then you need to stop referring to this person as a manager. You are your own manager, you do not have a job, you are self employed and if a piece of work doesn’t make sense to you then you can decline it, just as a plumber might decline a particular job.

So stand your ground and ignore any “compliant” because you are a third party, you are not part of the organisation that this parent has complained to. It is for them to resolve and if they don’t want to buy in your services that is their problem not yours.

Mindymomo · 20/12/2023 08:54

You could contact Acas and ask their opinion. The Tutoring Company definitely need to re word their contracts.

Itsallfunngamesuntil · 20/12/2023 08:52

This is your managers issue to sort. Will it put you below minimum hourly rate if they stick to their guns?

shearwater2 · 20/12/2023 08:49

Asking them to pay you properly for the work would be the first step.

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