Miffed we weren't invited to work Xmas do.

[YouAreTheEggManIAmTheWalrus]

So myself and another lady work PT self-employed for a large local firm. Regardless of being PT we have a role integral to the business and have probably saved them thousands of pounds in payouts due to complaints by taking preemptive/preventative measures. We also go over and above in the busy summer period, grafting our backsides off doing physical jobs that aren't in our remit to pick up the slack when other staff members are off on hols. We do this happily, without complaint because we know how screwed they'd be if we didn't.

Aaanyhoo, it became apparent last week that myself and other lady hadn't been invited to their Xmas do. No explanation, it wasn't even acknowledged at any point. All the FT employed staff went out to a party night at a hotel on an evening that myself and the other lady were in the office, so it's not like it happened on a day we weren't in. We all get on really well, there's no historical beef or anything, it's just totally unexplained and other than the fact we are PT and self employed I can't see any reason why we'd be excluded. AIBU to feel really miffed and to feel as though after the work we've put in this year it's a shitty way to treat people?
I made a jokey comment about us not being invited and everyone else in the office was really surprised that we weren't, so this is down to one of two managers or whoever organised it. I'm really pissed off about it and feel like I would rather work for someone who at least acknowledges our hard work and considers us part of the team. Am I overreacting?

Honestly think you should sack ur boss mate

OP you should look up these regulations yourself seeing as your self employed.
My company has really cracked down and we can’t invite contractors to the Christmas party.
Sounds bad but one of our contractors got clobbered by HMRC a few years back because it was deemed they were treated as an employee. A big company can stand to lose money but she then owed tens of thousands of pounds, so you’d soon wish you gave the xmas party a miss.
You can arrange going out for a few drinks though. Nothing to stop that.

Even if there is a good reason given your self-employment status, a word of explanation beforehand would be courteous and avoid any ill-feeling.

Painful levels of ignorance here.
All the nice people saying how their lovely companies take the contractors along to the staff Xmas party need to give their heads a wobble because it is unintentionally dumping those contractors in deep shit. Doing this means contractors are receiving indirect benefits in line with being employed. Add this onto a couple of other factors (eg going in for free now and then, having to request holiday dates, using staff canteen) and HMRC have a strong case for disguised employment. And most contracts with contractors will pass all tax liability down to the contractor themselves. Which means a tax bill of 11.4% on fees for NIC plus the PAYE difference between fees charged and salary actually taken from the personal service or umbrella company. The contractor pays that, and HMRC can go back 6 years when charging all of this. That’s a bloody expensive Xmas party for the contractor. The start of investigations into all of this will begin in earnest in April 2020, and the Treasury have this down to net them an extra £2.9 billion a year.

No, there’s literally tax implications for you if you act like staff. You’re a freelancer even if you feel like you’re an employee.

I really hope you come back and read the correct responses to this and then go and research IR35.

Contractors don’t get invited to Christmas parties in any company I worked in, and whilst also being a contractor my self.

In some they have had to wear different coloured lanyards, so they where charged differently in the canteen (meals where subsidised, but not for contractors), had to bring own laptops, and no free parking on sites.

I am not a tax specialist but all of those things I was lead to believe where in place for tax reasons.

@TheBlessedCheesemaker exactly. it is incredibly mean to invite contractors to these sort of things - it basically means they either have reject, or risk facing a massive tax bill. a contractor who actually goes foes urgently need to read up on his/her rights and obligations!

It’s not as straightforward as that: lots of factors are taken into account in determining employment status. She hasn’t given much info but it seems likely that OP could actually be an employee for tax purposes.

In reality.

If you are self employed they would likely have to declare the value of the party for tax reasons and it would be a nightmare.

PS you could probably use some of the tax savings from your self-employed contractor status to pay your own way there.

@Littlebean0506

It would be discrimination if it was employer arranged and paid for (in any capacity - like free drink or contribution per head)

If it’s totally paid for by staff then they’ve just forgot you which is shit but not discrimination

Also OP, YABU why would you be invited to the employees party if you’re not an employee?

One of the questions asked by HMRC inspectors when they check employment status is whether their "self employed" workers attend staff-only events such as Christmas Parties. If they do, it's an indicator towards disguised employment. Many "employers" don't invite self employed workers to their staff events, or if they do, then charge.

I'm an accountant. I have clients who have self employed workers and one of the (many) things I tell them to be careful about is treating them the same as employees, whether it's Christmas parties, the staff car park, the internal staff telephone directory, "staff" versus "visitor" lanyards, etc. Yes, to some it seems trivial, but the bigger the "clear blue sky" between employees and self employed, the lesser the chance of the employer being caught out.

Our self employed contractors are not allowed to the Christmas party either. They are all well aware of the legal reasons why, it would be very unprofessional of them to not know or take offence and it isn't awkward.

You should learn more about the employment laws around self employment to ensure you understand them, act professionally and protect yourself.

I thought after 12weeks contractors are entitled to perks etc perm staff have (law changed a few years back & its in my contract) so I'd have thought it came under that: & I've always been invited to the Xmas stuff. In my last job after that time I got to use the free gym & discounted on site hairdresser, dry cleaning etc (maternity cover PA in investment banking)

"I thought after 12weeks contractors are entitled to perks etc perm staff have (law changed a few years back & its in my contract) "

That's for temps I think. Linked to the EU Temporary Working Directive.

" I work in the public sector as does DH and we both have to pay for ourselves x"

It's quite normal to pay for yourself at Christmas parties even for employees in the public sector though.

I don't think I've been invited to mine. But I've got so much other stuff going on I don't care.