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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Notice period while 'self employed'

16 replies

Snorkers · 11/10/2021 19:33

Hi, advice please dears. What would you do?

I'm early 40s and have been trying out different careers (lots of transferrable skills and experience), and last year took a part time maternity cover job in a field I have a hobby in, at a skill level below what I am used to working at.

I can just about afford it and it's been interesting, but I am employed on a self employed basis (I am clearly not but that was what was on offer). So no contract, but I am given work to do, my hours vary with needs of business, no holiday or sick pay and do not meet any of the rules for self employment. It's due to end next year but the boss has indicated as my 'above the pay grade' skills are so useful they may ask me to stay and not allow the other person back. (Nice.) The excuse is that they're such a small company, having properly employed staff would mean they are not profitable.

I've reached the end of the road with working in such a junior role and not knowing how much I will earn month to month, plus there's quite a bit of micromanagement going on, and am interviewing soon for a 'proper' paye+pension+security job in my old industry which would be perfect. If I don't get it I will apply for others as have decided I need workplace stability, so sooner or later I will be leaving.

My issue is notice. Clearly, legally, I am not required to give any, possibly the only upside to working like this. However I don't want to completely drop them in the whatsit, I am integral to the business and it will take a while for the owner to train up someone else. (But they can do the job themselves if needed - they like to swan about doing other things outside of the business).

What notice would you give?

I am minded to give one week, maybe two, but I do NOT want to give a month. AIBU?

OP posts:
ThePoint678 · 11/10/2021 19:36

I’d give two weeks.

HaudYerWheeshtYaWeeBellend · 11/10/2021 19:36

Is give none.

MeanderingGently · 11/10/2021 19:39

Don't give any....

RainyDayzs · 11/10/2021 19:41

I wouldn't give any.
If you really want to, a week. No more

Mantlemoose · 11/10/2021 19:43

ACAS states (for employees) up to 2 years, statutory notice is 1 week.

EarringsandLipstick · 11/10/2021 19:43

I would give none. I also would not work for an organisation so unethical (and illegal) that they would try to stop someone returning to their job, which they had a legal right to.

Neighneigh · 11/10/2021 19:45

I'd give two weeks. They haven't treated you well but from experience of burning bridges, it's better to leave on as good a note as you can, especially if you may want to go back to freelancing in the future

Snorkers · 11/10/2021 19:45

@EarringsandLipstick

I would give none. I also would not work for an organisation so unethical (and illegal) that they would try to stop someone returning to their job, which they had a legal right to.
The other person is 'self employed too, and I didn't know the business owner would do this before I worked there, hence one of the reasons for me wanting to leave! It's just how to go about it.
OP posts:
hollyhocksarenotmessy · 11/10/2021 19:46

I'd give none. Their business success should not rely on illegally exploiting their workers.

If you really want to, 1 week.

EarringsandLipstick · 11/10/2021 19:47

Oh I know Snorkers not blaming you - just the organisation. (Though I wouldn't take a job on those conditions either).

If you are 'self-employed' as you claim, they cannot expect notice. If you feel better giving some, then do.

Aqua55 · 11/10/2021 19:48

All well and good for the posters saying to give no notice, but do you need a reference from the business owner Op?

NoYOUbekind · 11/10/2021 19:48

Oof, they're charmers.

If you were properly self employed but you liked them and they were decent people I'd say two weeks with maybe a bit of phasing out. As they're so horrible, I'd say one week. You'll probably find your notice period is either horrible, or you won't actually get any more work out of them, I wouldn't want to extend it any longer.

Gladioli23 · 11/10/2021 19:51

Maybe give them a week's notice and then report them for breaching labour laws?

If a person can't run their business without conducting illegal employment practices then it's not a profitable business.

Snorkers · 11/10/2021 19:51

@Aqua55

All well and good for the posters saying to give no notice, but do you need a reference from the business owner Op?
I would like one, yes.

I think giving two weeks will result in either no/poor notice as it is not 'fair' on them. If I am fortunate enough to get this other job (it's part time) I may ask for a reference before I quit, on the basis I will do both jobs concurrently (I won't).

OP posts:
underneaththeash · 11/10/2021 19:57

If you don’t want a reference, I would ask you’ve spoken to HMRC and you cannot be self-employed abs therefore would like all your holiday pay please….

Dumplingfromdevonshire · 11/10/2021 20:48

@Gladioli23

Maybe give them a week's notice and then report them for breaching labour laws?

If a person can't run their business without conducting illegal employment practices then it's not a profitable business.

Agree with Gladioli23 and don't forget to lodge a claim with the Employment Tribunal after you have left for the holiday pay you are owed as an Employee.

This might encourage them to respect the very few employment laws we still have.

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