To have emailed asking my company to set out my contract

[QueenAnneofAustria]

My company are not UK based and therefore recruited me as a temp to perm employee on less than the role was worth with a view that the perm salary would be slightly higher than at present.

Anyway after 4 months my boss told me he was very happy and we should move to making me perm. So the FD and I started an email exchange negotiating terms and agreed on a pay increase that will just under double my weekly gross pay, amongst other details.

That was in January and I am still waiting. We discussed again in early Feb and he promised to have it sorted by the end of the month.

My boss has spoken to him to move things along but as far as I can tell they have to set up tax etc in the UK and that is why they are dragging their heals I think.

I sent an email 2 weeks ago explaining that we had agreed everything back in Jan including a pay increase that was a proviso on me taking the role in the first place. No answer.

I have just emailed again to say could they please finalise my contract by the end if April or if they are having paperwork issues could they at least honour the pay increase per hour that we agreed as to date I have I feel missed out on a substantial sum of money.

So my questions are, was I unreasonable to chase in this way and what is my next move.

I love the job and have a great boss but I need both the increase and security of employment and access to all the things that other staff members get. My boss is pushing me to make an overseas trip to their office but thus us something I don't want to do until I am officially an employee.

Just seen how long that was.

Not unreasonable of you at all, I hope they sort out their shit.

Me too. They wanted me to go freelance do I wonder if they are stringing it out to see if I will change my mind.

Does anyone have any ideas what to do next? Do I just need to leave?

No you are not being unreasonable at all. I take it they are still paying you at the lower rate?
You mentioned they wanted you to go freelance - would you consider this? The going rate would be about 2.5-3x the usual rate, btw, to cover NI, sick pay, holidays etc. You do still have accrued empoyment rights, though.
Don't take the overseas trip - you'll have to pay for it and claim it back and, on their current form, be waiting a long time to be reimbursed.
Look for another job - if only to have another offer to bargain with.

They seem to want me to behave as an employee (trip would be paid for and I have a company card etc), but without all the paperwork. I really didn't want to do freelance but I am considering it as this is just taking so long.

QueenAnne - I think you have to start looking for something else and have some irons in the fire as a bargaining tool. No other employer would think badly of you for doing so as a reason for leaving.

If you do not want to go freelance then I cannot see what else you can do. If you are considering going freelance then you really need to research that and ensure the hourly rate is sufficient to cover your tax liabilities.

They should honour what was agreed and back date the pay rise if they are honourable.

You are def NBU to be chasing this up. IMO mucking people about over their salary is one of the worst things an employer can do.

If you do want to go freelance, you need to inform HMRC and you will have almost no 'employee' rights as such. You need to ensure that you are not 'falsely' self employed - they will have to satisfy HMRC's requirements for a self employed role, which should allow you a certain flexibility and benefits to make up for the lack of job security/holiday pay/other benefits of being employed.

My worry is that it basically is disguised employment isn't it. The whole reason I want to be employed is so that I am not liable for any mess ups. They have agreed to various things like paid holidays etc. even if I was freelance.

But they agreed to a pay rise and to employ me and I feel they should honour it.

I have a very good relationship with my boss and I wouldn't want to just leave but I feel I do need to let him know that I have a limited time I can put up with waiting for. He is the owner/partner so might be worth going via him one last time. Is it worth letting them know I will have to look elsewhere without doing a dramatic ultimatum.

I think you posted when you were offered this because I certainly posted on a similar questions with all the pitfalls my DH had encountered as a contractor (i.e. a freelancer). I agree with you that they are trying to avoid all the legal stuff. I don't know all the HMRC rules, but do make sure you are covered: they have, in recent years, particularly been chasing employees masquerading as freelancers, depending on the set-up of your tax status.

Yes I did and that thread basically told me not to go freelance and so I said no, and I am still waiting for something to materialise.

You can't just decide to "go freelance". If it's an employed position then it's an employed position, regardless. This sounds like an employed position, so it's just whether it's fixed term or permanent.

OP did you know you are entitled as a fixed term employee not to be treated less favourably than a permanent employee? You shouldn't be virtually doubling your salary just by calling your employment permanent rather than fixed term if it's the same role.

It is ongoing temporary until made perm and it was made clear from the outset that when it became permanent the new salary would be applicable rather than the hourly rate.

Making it clear from the outset doesn't make any difference. You can't be treated less favourably than a permanent member of staff just because your employment is described as "temporary".

I am not being treated less favourably though I don't think, but I am missing out on things like bonus, pension or suchlike.

Are things in writing?

On email yes.

Well I'd personally feel treated less favourably if I were being paid half as much as permanent staff, perhaps you don't.

I don't actually know how much they are paid, there is no one comparable in the US to my position here and salaries etc are different anyway. I have a lot of perks that make me feel valued but when I looked for a role I wanted something perm and eith the salary we agreed would happen.

Staff in the US wouldn't be relevant anyway.

You're not the same poster currently doing all hours god sends as an agency worker are you?

YANBU at all.

Them not replying to your emails is really shoddy but if you are turning up to work (at the lower rate) then they won't see it as an issue, I guess.

If they don't get the contract to you by end of April, give them notice and leave.

Flowery, no that isn't me.

I am going to bring it up with my boss on Monday. If it doesn't get sorted then I will have no choice but to do as suggested.