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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

to not want to tell anyone I've been fired?

80 replies

ahbollocks · 16/01/2015 17:52

I know I am really :(
Just so embarrassed and humiliated.
This job was a bit of dream job for me, in a prestigious small business thats well known in my industry.
Was hired on the spot by the owner, once I joined I found out a lady who does similar work to me for them was on maternity, and she returned a couple of months ago. Ive been there a year.
Really really fucking stupidly I nevsr signed a contract, rarely saw the business owner and my payments were made direct to me from clients and I then paid half over to the owner.
Anyway, she FACEBOOK messaged me last night (privately) and said sorry, im lovely, talented but its time to go our separate ways and to drop my keys off today.
Its totally out of the blue and I havent even told Dh or even my best friend.
We have a 3 yo dd :(
Jobs are so hard to come by in my area and I dont have enough capital to go alone.
Just totally gutted and so angry with business owner for firing me in such a careless way. I genuinely thought we had a good relationship and I always got along well with everyone at the office.
Fuck sake.

OP posts:

SolomanDaisy · 16/01/2015 18:27

You'll almost certainly be able to get a grant or loan for the equipment costs. You can also undercut her prices so people come direct to you. She has been very foolish in not making you sign a contract.

EssexMummy123 · 16/01/2015 18:37

I think you should explain to all of her clients that you've worked for that you're now working for yourself and to feel free to contact you directly for any future work.

Then sort out some equipment, what do you need? can you raise a few hundred quid to buy second-hand?

software can be paid for monthly as well, and lots of vendors do free trials.

Illustrating sounds interesting :-)

Icimoi · 16/01/2015 18:38

I think SolomanDaisy's idea is brilliant. The downside for your former employer of not bothering with a contract is that there is nothing she can do to stop you setting up on your own. And maybe that will soften the blow when you tell dp and relatives.

newrecruit · 16/01/2015 19:08

I set up in business a year or so ago and there is a lot of help out there.

I bought a laptop from PC World on 12 months interest free credit.

A lot of the software you need is now online and you can lay a monthly subscription.

I got a free business coach who gave me great advice.

You have the clients, you know exactly how much they were paying, you have not been treated well.

You need to talk to someone about your current tax position though. Have you ever registered as self employed? Have you got email correspondence detailing your arrangement?

Nanny0gg · 16/01/2015 19:14

If you've been effectively self-employed you need to get advice.

If you can then start up on your own you can mitigate a lot of the potential bill. See a friendly accountant.

MrsGoslingWannabe · 16/01/2015 19:15

Great advice on here.

Make sure you apply for any benefits you might be entitled to such as housing benefit if you rent. Also let Tax Credits know.

Cornettoninja · 16/01/2015 19:16

I agree having the clients details and presumably a proven portfolio is an excellent start to properly freelancing. Contact them your self and look into getting yourself advertised with a website etc.

I am concerned about your tax situation though (disclaimer I know little to fuck all). I think you need to employ a proper accountant to help you navigate through sorting it out if it does transpire you've never had paye paid.

I really hope that you transferred the money to this company from your account and it left a paper trail otherwise I'd be worried about being taxed on the whole sum receive initially. I think you risk that anyway, but if you can show it was paid to another business a good accountant may be able to work out a way to offset it without receipts/invoices.

If it transpires you are really buggered you need to look into whether you have a case in the civil courts to recoup some money - emails about the vacancy, terms etc. naivety isn't always an accepted defence though.

Get yourself some proper real life advice sharpish.

Original poster

ahbollocks · 16/01/2015 19:23

Thanks everyone, getting tearful at everyone being so helpful. Have messaged the owner so will hopefully know if I need cab and accountant soon. Starting to get so angry, stupid cowardly woman :(

OP posts:

confusedandemployed · 16/01/2015 19:31

I know a bit about employment law but I have to say your situation has stumped me. You never received a salary from the business? You took payment from clients, deducted your fee and then passed the rest on to your 'employer', is that correct? If so that does sound like freelancing and your 'employer' wouldn't have any duty to pay your tax and NI (I think).
If you received payslips from her and she paid you then the matter is much more clear cut.
Sorry to be the bearer of more bad news. However I'm sure you can arrange a payment plan with HMRC, but don't hide your head in the sand - contact them and explain the situation. Good luck

Enjoyingmycoffee1981 · 16/01/2015 19:37

Seeing as no contract, you have no obligation towards her.

What about contacting the clients directly and undercutting her?

MovingOnUpMovingOnOut · 16/01/2015 19:44

From what you have said it doesn't sound like an employment relationship at all. It sounds like you have been providing services direct to clients with this business acting as an introducer or similar to whom you pay a fee.

This potentially is very good news for you. Firstly, if you have never signed a contract there is nothing to stop you approaching all of these clients individually and saying you're setting up independently and would like to continue working with them. Then you continue doing the work but don't have to hand over half the money to anyone else.

You will need to register as self-employed with HMRC but that's dead easy, then you will need to do a self assessment tax return and pay your NI and tax. Again, fairly easy but you need to get a move on for the 2013/14 tax year.

Good luck :)

MsPickle · 16/01/2015 19:44

Sounds like a rubbish situation, some very sensible advice. However with regards to contacting clients I don't think you've any automatic need to discount heavily to win the business, if they liked what you did try the original price first and see what they say. Especially if you've a tax bill to fund ever little will help...

littleducks · 16/01/2015 19:45

Don't do anything yet. Just take some time to pause and think this through.

Get reference first
Chase up re NI and TAX. As you already have messaged her just give a non committal answer if it's bad news on that front then get reference and discuss further.
Do what Daisy says and set up your own business.

BiscuitsAreMyDownfall · 16/01/2015 19:51

By my understanding the HMRC are only too happy to help you out if you need to pay them tax. As long as you dont try to avoid it or dodge it, but are upfront and honest with them you should be fine. So Ive been led to believe anyway - no personal experience myself.

Ive previously studied in an accountancy qualification and I have heard stories about people walking into an accountants with a bag full of receipts going back years as they need to get their tax sorted. It happens.

Want2bSupermum · 16/01/2015 19:54

Echo what others are saying. You need to sort your taxes out. After that I would also approach the clients you were servicing. You know what they were being charged so I would go back and charge the same. If they take you up then you go out and get the tools you need to do the job. Depending on the cost you can look at leasing things like printers or you could just buy it yourself. If they don't take you up and offer you work don't buy the machinery and look for a job.

Would def do your own job though!

Want2bSupermum · 16/01/2015 19:54

doh - start your own business!

RoastitBubblyJocks · 16/01/2015 20:01

Agree with the advice not to reply too quickly before you've thought about it.

Take a breath, get a reference, then act.

kwerty · 16/01/2015 20:05

Bunbaker I was sacked from BHS as a teenager too! Three of us were sacked at the same time.... for talking to the boys from Burton's next door and wasting time ..:( Where was your BHS?

JenniferGovernment · 16/01/2015 20:11

This reply has been deleted

Message withdrawn at poster's request.

SuggestmeaUsername · 16/01/2015 20:16

This all sounds very strange. Are you saying that there was no paperwork involved in these transactions, no written records? no written contract? what was the specific agreement that was given verbally then? If the client was paying you, then you were supplying a service to the client and probably should have invoiced them. What you were paying to the business owner would have been an agency commission therefore and they should have invoiced you for this. If the client was the client of the business owner then the the client should have been paying the business owner direct and the business owner would invoice the client for illustration services. You would be paid then by the business owner for illustration services either as an employed worker or a self employed contractor.

Anyway, you havent been sacked. if you were employed, you were providing maternity cover. in this case the business should have been providing you with payslips and deducting tax and NI. If you were self employed, the business no longer requires your service so you need to get more business. You can contact the client therefore to pitch your illustration services to.

Either way you do need to contact HMRC to discuss payment of your tax and NI.

TongueBiter · 16/01/2015 20:25

How about the Princes Trust for a start up loan ?

SuggestmeaUsername · 16/01/2015 20:25

"in a prestigious small business thats well known in my industry. "

I would also assume that if this was the case, that the business would be acting in a professional manner and providing written contracts/agreements as well as payslips or invoices etc.

Is the woman who went on maternity employed by this company?

did you have to use your own tools and materials for the work you did? did you work on the business premises or from home? these are the type of questions HMRC ask when determining whether someone should be classified as employed or self employed

but do feel free to undercut the business and go to clients direct.

tinkerbellvspredator · 16/01/2015 20:30

You should be able to offset all the purchases (software etc) against tax so if you get enough work to pay for them you'll be sorted, see www.which.co.uk/money/tax/guides/tax-for-the-self-employed/self-employed-capital-allowances/ Maybe if you buy it all before the end of this tax year you could offset against money you already earned this year?

EnriqueTheRingBearingLizard · 16/01/2015 20:59

Yes, get a reference and then work the contacts you've made.
Unfortunately this woman has used you and spat you out, but all's not lost do take a look at this link and go ahead on your own

www.princes-trust.org.uk/about_the_trust/what_we_do/programmes/enterprise_programme/start_up_loans.aspx

Best of luck OP this could be a great opportunity for you

CrystalHaze · 16/01/2015 21:00

Hhhhmmmm, so this 'prestigious' business HAS been allowing you to freelance (which it certainly sounds like they have) while pretending to be your employer?

Query: did all client leads come through them? Did they supply the equipment you used in the course of fulfilling projects? Were you able to set your own fees, deadlines, etc? Did you have the authority to subcontract all or part of a project to another illustrator?
The answers to these questions will determine whether the company are pulling a fast one in terms of their own tax obligations by classing employees as freelancers in order to get out of providing sick pay, holiday entitlement, pension contributions etc. HMRC take a very dim view of this type of stunt.

So do be sure to mention it when you contact them ;)

If your 'employment' fixing begin until after the tax year 13-14 you don't need to file a tax return until oct 15 (paper copy) or Jan 2016 (online - and much the easier option).

Good luck - you've got the talent, you've got the contacts, so you in a great position to go freelance, but from now in you don't have to give half of each fee to that dodgy bunch anymore!

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