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!

[grapewine]

The situation paid off enough for him to stay in it for a decade. He must have known there would be a risk.

[TheEelOfMisfortune]

@Ald1Alert2

Your DH had a choice to find employment with paid holiday, sickness & other benefits

This. Presumably he is an adult with agency. His tolerance of this is tacit approval.

[2bazookas]

If Boss is leaving the country next week, sounds as if he's gone bust./bankrupt and is running away from debts, the creditors and broken contracts.
DH might thank his lucky stars he has no personal interest or liability in a brand, name and business that's about to go down the sewer.


If Boss is doing a runner, , likely he isn't even the legal owner of the van he's trying to sell/turn into cash ; it belongs to the finance company or his creditors.

The very last thing DH needs, is to throw money down the drain paying for a vehicle that gets repossessed, OR, be driving round in a marked vehicle /uniform as if the bankruptcy and angry creditors are his!

Bosses clients will still need reliable service. His business rivals will be mopping up his abandoned clients/contracts and your experienced DH who already knows the clients, will be in high demand from real employers.

Either, he can download the entire client list from BB's computer. Or, he can write a great CV and circulate it to all local; rival businesses.
Nobody can, or has, stolen his valuable skills and local experience. Market them.

[2bazookas]

Before you pay for the van, please please check out if the Boss is its sole legitimate owner. If he is going bust and it belongs to a finance company, or other third party, your DH could lose both the van and the money he paid for it.

Boss will be out of the country so there's going to be no legal redress for DH. The SPEED of Boss's decision and departure abroad is very, very suspect.

[warmfluffytowels]

Well, this is one of the risks of being a sub-contractor, unfortunately.

Your DH knew the situation but stayed anyway as the money was good - many other people would do similar. But you've had 10 years of good times and now that's come to an end - it's unfortunate and irritating but it's business.

It's a risk of being self-employed and it's why self-employed people generally take home more than PAYE equivalent roles.

[2bazookas]

@SchrodingersImmigrant

He was a worker and needs pegal advice and sue boss's arse to oblivion

Boss is leaving the UK in days; that means there is going to be zero legal comeback or compensation for DH.

[Bluntness100]

I have to agree, it’s why the money is good being self employed as a contractor, , you don’t also get the perks of employment, holidays, sick pay, redundancy on top of the higher pay. Your husband could have worked elsewhere, earned less and had these perks. It would be very rare for a company to give a contractor money they weren’t entitled to when a company closes. Virtually unheard of.

I get your angry but he chose to stay self employed and forego these perks becayse he got the higher pay.

[Bluntness100]

Boss is leaving the UK in days; that means there is going to be zero legal comeback or compensation for DH.

Even if he stayed there wouldn’t be, he was a self employed contractor.

[fakeplantsdontlookreal]

This doesn't come under IR35, there is no intermediary.

[Shelddd]

I like this line of thinking. Take higher paying contract roles (pay more because of lack of benefits and certainty)... Then get mad because they never converted you to salary at same rate.

I'm sure it's already been mentioned multiple times but if he had been brought on full time he would have likely earned half the rate he is on now... That's the difference between contractions and perm employment.

[Shelddd]

Contracting**

[Newkitchen123]

@Shelddd

I like this line of thinking. Take higher paying contract roles (pay more because of lack of benefits and certainty)... Then get mad because they never converted you to salary at same rate.

I'm sure it's already been mentioned multiple times but if he had been brought on full time he would have likely earned half the rate he is on now... That's the difference between contractions and perm employment.

This

[Cherrysoup]

This could be the absolute making of your dh if he can keep the company name etc. He should be able to cash in big time given he’s worked for the company for so long, but I do think his shitty ex boss should be paying h8m a huge lump sum.

[ViciousJackdaw]

If you know that this man is acting illegally, you have the upper hand.

You want the business. He wants to pack up and leave. Perhaps there are ways in which he could be encouraged to simply hand everything over to DH...

[DysmalRadius]

@Bluntness100

I have to agree, it’s why the money is good being self employed as a contractor, , you don’t also get the perks of employment, holidays, sick pay, redundancy on top of the higher pay. Your husband could have worked elsewhere, earned less and had these perks. It would be very rare for a company to give a contractor money they weren’t entitled to when a company closes. Virtually unheard of.

I get your angry but he chose to stay self employed and forego these perks becayse he got the higher pay.

I don't understand these responses - the op appears well aware of that, but it doesn't make it less frustrating when someone gives to shit in a hot second!!

That's like saying 'well, you knew dogs only live 15 years when you got it, so you shouldn't be sad that it died.

Presumably the benefits of contracting outweighed the negatives mostly, but covid causing them to burn through their savings and the company closing with no warning aren't exactly obvious things to plan for, so can't the op be knocked for six without being told how it's her ops fault and accusing him of tax fraud!


Plus, it wouldn't be much easier for an employee if the boss is closing the business and skipping the country - I know paye staff that have been completely fucked in similar circumstances.

[GreatBigHooAndToodaloo]

Right, let me just clear something up here, we knew how this worked when we went into it. We accepted the deal knowing there were no holidays etc. That’s fine. But those of you who are basically saying it’s tough luck, how would you feel? You give ten years of your life to a company, never complain, make them millions of pounds, work 6 days a week most weeks and remain loyal to the company even though you know it’s a little more than just subcontracting and that you deserve better. Then he; A. Gives you one weeks notice to sort out a new income and B. Doesn’t offer any sort of gesture, not even a small discount on a van, in thanks for your service. I don’t think anyone would be happy in these circumstances so just back off!

To everyone else, I really appreciate your kind words of encouragement and all the advice that you have given. You’ve all really helped and I’m actually feeling quite positive and excited for the future. Lessons have been learned and we are better off in the long run. Thank you all so much! 💐

[Waitrosedisaster]

@GreatBigHooAndToodaloo

Right, let me just clear something up here, we knew how this worked when we went into it. We accepted the deal knowing there were no holidays etc. That’s fine. But those of you who are basically saying it’s tough luck, how would you feel? You give ten years of your life to a company, never complain, make them millions of pounds, work 6 days a week most weeks and remain loyal to the company even though you know it’s a little more than just subcontracting and that you deserve better. Then he; A. Gives you one weeks notice to sort out a new income and B. Doesn’t offer any sort of gesture, not even a small discount on a van, in thanks for your service. I don’t think anyone would be happy in these circumstances so just back off!

To everyone else, I really appreciate your kind words of encouragement and all the advice that you have given. You’ve all really helped and I’m actually feeling quite positive and excited for the future. Lessons have been learned and we are better off in the long run. Thank you all so much! 💐

As I said earlier OP, neither your husband nor his boss have clean hands. Your husband was more than willing to earn more and pay less tax by being a subcontractor, even though he does not fulfill the criteria. You can't have everything. You either have the benefits and drawbacks of being an employee, or the benefits and drawbacks of being self employed. You don't get to pick which benefits you fancy from each.

And the whole point of being self-employed is you don't have any job security. That is literally what you signed up for in exchange for more money.

[GreatBigHooAndToodaloo]

@Waitrosedisaster ODFOD. I couldn’t care less about what you have to say. You obviously can’t read. I’ve told you repeatedly why we are upset but you are just not listening. I will not be engaging with you anymore.

[Waitrosedisaster]

[quote GreatBigHooAndToodaloo]@Waitrosedisaster ODFOD. I couldn’t care less about what you have to say. You obviously can’t read. I’ve told you repeatedly why we are upset but you are just not listening. I will not be engaging with you anymore.[/quote]
Yes, you're upset because your husband is registered as a subcontractor and doesn't receive the benefits of an employee. I understand just fine.

[LimeJellyforBrains]

Just a small point niggling me - unless you're actually taking over the existing company (I don't think you are?) what is the point of buying a van with that company's name emblazoned on it? Wouldn't it be easier and cheaper to buy a plain van and get your new company name put on it? Sorry if I'm missing something.

Also - I wouldn't help that man out by pissing on him if he was on fire, never mind helping him out by buying a van off him which he needs to sell, and is asking top whack for!!

[Shelddd]

@GreatBigHooAndToodaloo

Right, let me just clear something up here, we knew how this worked when we went into it. We accepted the deal knowing there were no holidays etc. That’s fine. But those of you who are basically saying it’s tough luck, how would you feel? You give ten years of your life to a company, never complain, make them millions of pounds, work 6 days a week most weeks and remain loyal to the company even though you know it’s a little more than just subcontracting and that you deserve better. Then he; A. Gives you one weeks notice to sort out a new income and B. Doesn’t offer any sort of gesture, not even a small discount on a van, in thanks for your service. I don’t think anyone would be happy in these circumstances so just back off!

To everyone else, I really appreciate your kind words of encouragement and all the advice that you have given. You’ve all really helped and I’m actually feeling quite positive and excited for the future. Lessons have been learned and we are better off in the long run. Thank you all so much! 💐

I am a contractor too... I am supposed to be given 30 days notice as per my contract. In February they called me into a meeting and said there was only 2 days of work left..... It sucks they didn't give me proper notice but this is contracting.

It's why I earn so much more than perm employment. I put away 1 year of expenses as most responsible contractors do (and is recommended on virtually every contractor forum or blog out there)

Since then I found a contract that ended up getting cancelled last minute which wasted a few weeks of my time.. thankfully I found another one.

This is just contracting. The fact you got 10 years with same company is exceptional and you should be thanking them for giving you 10 years of business.

Remember as a business, they were your husbands customer not his employer.

[Bluntness100]

*You give ten years of your life to a company, never complain, make them millions of pounds, work 6 days a week most weeks and remain loyal to the company even though you know it’s a little more than just subcontracting and that you deserve better&

Op I get your angry and it’s a shock but you’re writing like he was doing the boss a favour, like this was some altruistic act. It wasn’t. He did it because he was being paid well and he knew this could happen. This was the downside of taking the good pay for years. If th company folded he’d not be entitled to redundancy.

[Aprilx]

@GreatBigHooAndToodaloo

Right, let me just clear something up here, we knew how this worked when we went into it. We accepted the deal knowing there were no holidays etc. That’s fine. But those of you who are basically saying it’s tough luck, how would you feel? You give ten years of your life to a company, never complain, make them millions of pounds, work 6 days a week most weeks and remain loyal to the company even though you know it’s a little more than just subcontracting and that you deserve better. Then he; A. Gives you one weeks notice to sort out a new income and B. Doesn’t offer any sort of gesture, not even a small discount on a van, in thanks for your service. I don’t think anyone would be happy in these circumstances so just back off!

To everyone else, I really appreciate your kind words of encouragement and all the advice that you have given. You’ve all really helped and I’m actually feeling quite positive and excited for the future. Lessons have been learned and we are better off in the long run. Thank you all so much! 💐

You seem to have misunderstood the terms of your engagement, well when it suits you to anyway.

He did not give ten years of his life to the company, he was not loyal to the company, because as you both well know when it came to being paid, he was never part of the company, he was not an employee, he had some business with the company. If he disagreed with the terms of the engagement then he should have done something about it sooner, including looking at the termination clause on the contract for services.

The business owner is not responsible for ensuring an alternate income source, your husband has declared himself to be self employed for the last ten years, being self employed means securing your own income source, as the term suggests.

[Nats1982]

@GeorgiaGirl52 that’s a great answer

[grapewine]

you’re writing like he was doing the boss a favour, like this was some altruistic act. It wasn’t. He did it because he was being paid well

Exactly. It's business. On both sides.