Can they do this? DPs employers.

[alloutoffucks]

DP is officially self employed but is employed by one big employer. There are a team of them. Various people have complained and said they are not really self employed, but the union refused to back them in a court case, so they remain self employed, in some case for 15 plus years.
Under covid 19 they are all working more hours than normal.
They have been told that the employer is looking to take them in as employees because they are costing too much as self employed workers now.
Can the employer do this? DP does not have a choice, we need him to work so walking away is not an option.

It depends what the deal is, salary, pension, sick pay, holidays, hours. Your DH and his colleagues can negotiate all of that.

Maybe you can speak to a union or acas is it?

Does he have some kind of contract ? What does that say?

The contract is self employed but is annually renewed.
I know in theory him and his colleagues can negotiate. In practice we are entering a recession, they will have zero bargaining power. These are not well paid workers.

CFs (the employers). I'm surprised the union didn't back you. Pimlico Plumbers got in big trouble for doing exactly this using self employed contractors.

You'd be in the strongest position if all of the contractors band together. Then you can decide to negotiate or outright refuse as a whole. If the employer can get rid of you one by one because you're not a team then yes, your DP doesn't have much choice.

It's actually really expensive comparatively to have people on payroll, so I assume it's to do with them trying to 'cash in' on furlough i.e only pay 20% of wages.

Your DP needs to see if he can get the rest of the team onside. Your employer is being greedy.

Plus also remember the team will not have any employment rights and can get fired for any reason in the first two years if they move over to payroll. He won't get any job security and the only party that benefits here is the employer.

Sounds like they should have contacted HMRC for a status enquiry when the union wouldn't back them. HMRC can get the facts and decide whether they are employees or not - then enforce it on the employer.

They won't furlough them. They are working more hours than normal. This is why it is costing the employer more as the hourly rate is a bit higher than if they were directly employed.
They don't really have any employment rights at the moment anyway and this worries me as DP gets older and is more at risk of getting ill, so no sick pay. So in the long run it my be better. But in short term means they have to pay them less money.
But yes they are CF.

@catfeets I did not know that.