AIBU to think my bosses should buy me new uniforms?

[Timmo]

I work in a healthcare place as a self employed professional. Because of this I buy my own uniforms and certain equipment etc. For years everyone took their own uniforms home to wash. Now the bosses have decided that due to cross infection reasons all uniforms must be washed on site. I have absolutely no problem with this. I understand why. So they installed washing machines and laundry baskets etc. Within a month of starting this new procedure someone left a pen in their uniform and it has gone absolutely everywhere and ruined everyone’s uniforms. Bosses just shrugged and sent a memo out for everyone to check pockets. They replaced the employed people’s uniforms but not the self employed. So one other person and I had to buy a couple of new uniforms. I was irritated but to be honest mine were old anyway so I just got nice new ones. Guess what. Within 2 weeks it happened again (3 fucking pens were found in the washing machine this time) and ruined two of my brand new uniforms. The bosses are still refusing to replace stating I’m self employed so it’s my problem. So I have told them in which case I will be taking my uniforms home to wash in future. They have told me I cannot do this as it will be in breach of cross infection protocols. So what am I supposed to do here?? Just suck up buying new uniforms every few weeks??

Small claims court the fuckers.

I would be asking them in writing what their suggestion is because no fucking way would I be buying new uniform every few weeks. If they cannot offer a solution such as they will buy your uniform like they do for the other staff then I would be taking them home to wash. You're being entirely fair to not want to continually pay for new uniform for someone else's mistakes.

Wear the stained ink marked clothes for work....it will look unprofessional, but if they want professional they need to pay for hte clothes to be replaced.

It's a tricky one. Legally, they CAN'T buy your uniform. As you're self-employed they can't treat you like an employee. But it's not fair that you have to keep replacing your uniform due to other's mistakes. Could they do a non-staff machine? Could you do yours at a different time? Could you check the machine for pens before doing yours?

This.

Do not be out of pocket.
If they want the look, they pay for it.

Check if there a sign up saying at your own risk if not
invoice them for one of there staff damaging your equipment

Tell them to claim on their insurance!

They shouldn't be being damaged. But, if you are self employed, surely you can claim the cost of all your uniforms against your tax when you do your self-assessment?

Are you inside or outside IR35? When I contracted for a local authority they had to bring all of us inside as tax payers under an umbrella company so effectively removing the risk of accidently gaining the benefits of an employee and getting fined, because I was already paying tax as if I was an employee. That was some years ago so don't know if the system has changed.

Without that grey area I would absolutely insist on them getting you a new uniform. I would include the ones you already paid for too.

@Timmo just wear them with the ink stains. If theyre refusing to replace them then juat wear them as they are.

Yes I claim them on expenses but that doesn’t mean I get the full amount of money back. If I spend £500 on uniforms a year I don’t pay £500 less tax that year to make up for it. They just deduct £500 from my profits. So if I earn 30000 I only pay tax on 29500 of it. Which is no where near £500 less.

They are insisting on washing the uniforms so are therefore responsible for doing so with care and ensuring uniforms are not damaged. Their lack of care has directly caused the damage and therefore they are liable. Insisting uniforms are washed on site is also a change to your working routine and as a self employed employee you should have been advised in writing if this change to policy and procedure and asked to sign a new contract terms and conditions of employment. Seek advice as you are entitled to reimbursement

Oh my whole profession is one big grey area when it comes to self employment in some cases. In all honesty I believe I should be employed. I work the same hours on the same days and get paid a daily rate. My “contract” even states how much “holiday” Im allowed to take. This is unfortunately very common in my profession and I wish I could just find another job but like everyone else I need the money and better jobs are not easy to find!

If they are insisting on washing your uniform that should be a condition of your (self-employed) contract with them

If so, then they have a duty of care to do that professionally unless they have explicitly included a waiver in that contract. If they have failed to do that then you have a claim against them.

Whether you want to try and enforce that is another question.

I would tell them, in writing and agreement, that they will not wash your clothes with any other items. On the basis that they are not checking clothes for contaminants before including them in a shared wash. Then they can choose which option they prefer to indemnify you,

The IR35 aspects do not apply here. They are not supplying your uniform, they are compensating you for damage they have caused.

The IR35 aspects do not apply here. They are not supplying your uniform, they are compensating you for damage they have caused.

You have suffered "consequential loss" as a result of their actions.

Get your union onto it. Or just take uniform home to wash. Who would actually know

I believe that if a company is paying to launder uniforms then they are responsible for the uniforms. Me personally - I would be flat out refusing to use shared washing machines if the company was not paying for any damage

I believe you have a legal case to state you are employed. I would seek legal advice asap

Im guessing you work in dentistry?

There is absolutely no guidance to say that uniforms have to be washed on site. As long as they are transported correctly, they can be washed at home.

If this was in my practice, we would absolutely be replacing your uniforms.

That is incorrect that they can’t legally buy a uniform for OP, they aren’t legally obliged to as she is self employed but there is no law that says they are not allowed to buy her a uniform

They need to distinguish between her and employees. Paying for her uniforms muddies those waters and could help her make a case that she's actually employed by them. So they can't buy her a uniform without opening a bigger can of worm.

This is what I would do. "OK then, I'll come tinue wearing the uniform that I have."

Thought you could only claim a percentage? And can't claims be challenged if they're "excessive", as in an employee needing to buy dozens of uniforms when only a couple should be needed?

No. You can claim the cost of the tax back but not the full cost of the uniform.

I don't think that's true if they're only replacing uniforms she's bought herself. I mean in any case it sounds like they're probably breaching IR-35 regs and I imagine missing the waters by waking the uniforms.

If you had a self employed carpenter working on site, and he left his kit on site overnight and it was ruined by a flood causing by your negligence, buying him new kit wouldn't undermine the fact he was self employed. I.e. if a person is genuinely self employed, I don't think replacing kit in this instance would undermine it.