10 Years and Nothing!!

[GreatBigHooAndToodaloo]

I don’t even know what my AIBU is. My head is spinning. I’ve name changed for this because it could be outing.

I’m furious. My DH has worked for the same man for 10 years. He is a highly skilled tradesman (engineer) His bastard boss refused to take him on as an employee even though he wears the uniform, drives a sign written vehicle, works set hours and doesn’t do any other private work. He is essentially an employee without any of the benefits. The bastard boss hides behind the CIS scheme so that he can get all the benefits of having an employee without the faff. My DH hasn’t had a single day of paid holiday or sick leave for nearly 10 years.

Bastard boss comes to the house after work on Friday and announces that he is closing the company and moving overseas in a weeks time. One week!

He has also made it clear that there will be no redundancy pay. He got the work vehicle evaluated and has said my DH can buy it from him. He showed the evaluation to my DH. He is refusing to give him any discount on it. Not a single penny. I’m furious and heartbroken. I don’t know what we’re going to do.

Does anyone have any advice? Is there anything we can actually do? Ten years of loyalty. Ten years!

I'm sorry I have no advice, but I understand how shocked and angry you must feel.

Is there anyway your husband could replicate or take over the business?

I’m so sorry. What’s vile human being. I didn’t want to read and run. Is it worth getting advice from Citizens Advice? I’m no good at employment law but it would be worth checking out of he has any options.

Also does this firm have any competitors locally? I’d contact them as well.

And the manager will get his - perhaps where he’s moving to will sink into the sea

Ooh - what @BumBurnerBum said

Make a list of all the clients your husband has serviced.
Buy the truck.
Contact all the clients and let them know he is now in business for himself.
He may find he is better off owning/operating his own business.

Move your post to the legal board to see if anyone can offer any legal advice. So sorry you’re going through this.

Citizens advice, and I would look at taking over the business.

Screen shot the website/Facebook page and make similar, if you go down this route get the correct PL and PI insurance.

Your DH could turn this to his advantage. Does he have direct contact with the clients. If so I’d be dropping them a line.

After all if there’s no contract there won’t be a non compete in place.

You need to talk to ACAS.

Since you no longer have anything to lose, you may as well play hardball with this twat. Fake self employment is illegal.

Is he closing the business as it is financially screwed? I assume so otherwise he would sell it.

Can your husband start applying for jobs quickly?

Can I ask gently why he stayed so long with such bad employment terms? The answer would maybe give some insight into his ability to go self employed or start again.

It's illegal to pretend employees are contractors and there can be hefty fines. Your DH's real issue is he's let him away with this for 10 years...he shouldn't have done.

Thank you all for your kind comments! You have made some great suggestions, thank you. He is buying the van. He is definitely opening his own company, we’ve already registered it with companies house. I’ve taken out insurance and we’ve applied for his personal registrations (his qualification was registered under the other company) So we’re on the ball with that. I called all the suppliers yesterday and they’ve been so supportive, apparently they’ve been hoping this will happen as they too hate bastard boss. We have a few clients contact details but not all of them. I’m going to work on that today.

I just can’t believe what this vile dickhead has done to us. @SmugglersHaunt funny enough he is moving to an island. I shall be sending sinking thoughts!

Oh! I’m really sorry! I’m so glad your husband is opening his own company! All the luck in the world with it!

@Bluntness100 he stayed because the money was really good. My DH, as lovely as he is, has never been a leader and is not one to take risks. This experience has changed something in him though. I’ve never seen him so angry. It’s just that it’s obviously going to take some time for us to get established on our own and we have no savings. Covid wiped them out completely. He couldn’t be furloughed and his earnings excluded him from the SEISS grants.

Sounds like this could work out better for you. Well done for sorting all that out !
It's so insulting when you're treated like this but you know the best revenge would be to make a success of this business. Sounds to me like you can do it.

If your DH was driving the companies vehicle and working solely for said company, it definitely sounds like he should have been an employee. There are certain criteria that HMRC use to determine whether you are self employed, have a look on the website. It might help you to 'negotiate' a good price on the van if you can prove the boss was acting fraudulently. HMRC can still investigate him for up to 7 years after he closes the business and perhaps, given his propensity for flouting the employment rules, there'll be other misdemeanours he'd rather not have highlighted?

@Qwerty789 I know. It was a regular argument in our house.

@Bluntness100 forgot to add that he is definitely not financially screwed. He comes from big family money. He just couldn’t be arsed to go through the palaver of selling.

I would think at this point the company might fall under the TUPE rules Google it.

That's interesting that he's not selling because he can afford not to. If he's been stockpiling money within the business over the years with the intent to close it and take all of the money only paying 10% entrepreneurs tax, that's also fraud!

What was your dH's tax situation? Is this something that could come back and bite him on the arse?

Yes boss sounds like a git. Personally, I can't see anything coming of talking to ACAS or reporting him for claiming an employee is self-employed. If he's moving abroad, it would be very difficult to pursue a case against him and your DH effectively colluded with the arrangement for ten years.

I wouldn't do anything to antagonise him as presumably he has the power to poison his clients against your DH, or recommend him.

It's absolutely shit to only give you a week of notice but it feels like this could be a good thing for your family. If you pay his wanky full price for the van are there other company resources he could throw in?

Sorry cancel that it doesn’t apply. I’d definitely contact acas

Is he technically self employed already? How is he paid?

@WillowGrand I will Google it now. Thank you!

@Rina66 I never thought of that. That’s really interesting, thank you.

@LizzieMacQueen completely clean and up to date.

@WillowGrand

I would think at this point the company might fall under the TUPE rules Google it.

Tupe is if a company is sold, it’s not sold so tupe doesn’t apply.

Your DH has been sleepwalking through this situation for ten years!

He should have addressed it all before. Too late now though, sorry you're in this situation. As others have said, how was he paid? Who paid his taxes and national insurance?

I'm sorry to hear that, OP. When you've had time to take stock, it might be worth getting advice about whether your DP can set up and work with the clients and lodge a claim for the outstanding benefits/redundancy/wrongful or unfair dismissal before the company is liquidated and any money taken out or for hope of repayment if the money has already left.

Good luck.