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??

There isn’t a law though to say they can’t buy it. It might be policy not to buy it but definitely not a law

That's not how being self-employed works sadly.

You claim the full cost as a business expense, but all the that means is that the cost is taken off your profit, it doesn't mean you pay that amount less in tax.

If you are self employed are you invoicing them each month? I would add the uniform cost to your invoice.

Why can the pen not be washed out? Is it permanent marker?

But do you pay tax PAYE or do you self assess? If you pay tax like an employee then you are acting within IR35 most likely and don't have to be concerned about being audited or being 'caught' acting as an emplyee. TBH i think if you were outside IR35 you wou;dn't be able to have your uniform washed by them anyway as this may count as an employee perk.

I think you really need to dig into your contract and work policy here becasue they can't have it both ways!!

I definitely think they can provide you with a uniform. I’ve worked as a locum in several NHS Trusts and was always provided with a uniform where there was an expectation to wear one. I just had to give it back again when I left so it could be given to the next locum. So they weren’t buying me a uniform, I just borrowed it while there.

Also, is anyone really monitoring whether you’re putting your uniforms in the communal laundry at the end of the day? I’d just take them home if nobody is checking. Sure even during Covid we were transporting our uniforms home to wash.

but you can invoice them for your uniform, which you should.

If you’re self employed, YOU have the power to invoice them. You don’t beed their permission to do that. As for what happens after that that’s to them. But you if don’t try and empower yourself you’ll get nowhere with this. Be confident.

Presumably you invoice for your services? Can you not just include it on an invoice? It may well be paid without question.

They are not providing you with a uniform, they are replacing a uniform they damaged due to their policies. Policies you have no control over. Definitely invoice them for it. Replacement for damaged uniform.

Use your liability insurance to pay for legal advice. As a self employed member of the team, I suspect you should just invoice them for replacement uniforms.

Then wash your uniform separately because you are self-employed and have no obligation to service your equipment (i.e. uniform) in their preferred laundry. My understanding is those sort of expectations actually make you an employee.

Presumably you’re registered with a regulatory body so as a self-employed person they are the people who monitor your suitability for practice- not the people you invoice.

You do have legal protection here, even as a self‑employed contractor. The organisation is wrong to say you have no rights. The relevant law is the Health and Safety at Work etc. Act 1974. Section 3 of that Act says employers must ensure, as far as reasonably practicable, that people who are not their employees are not exposed to risks created by the employer’s work activities.

A mandatory laundering system is part of their work activity. If that system repeatedly damages uniforms because it is poorly supervised, that is a foreseeable risk they are responsible for preventing.

You can also refer to the NHS Uniforms and Workwear Guidance and the organisation’s Infection Prevention and Control policy. Both make it clear that if an employer requires on‑site laundering, they must run the process safely and in a way that does not cause avoidable harm. CQC Regulation 15 also applies, because it requires providers to maintain equipment in a way that avoids unnecessary damage or loss.

There is also a financial issue. If you are repeatedly forced to replace uniforms because of damage caused by their mandatory system, those costs become work‑related expenses. If those expenses reduce your effective earnings to below the National Minimum Wage, the organisation can be held legally accountable. HMRC can treat you as a “worker” for minimum‑wage purposes if the organisation controls your working conditions, including infection‑control rules, uniform requirements, and laundering processes.

In that situation, they cannot impose compulsory costs that push your pay below the legal minimum.

You are not expected to keep replacing uniforms because of a compulsory process you do not control. You can request reimbursement for the damaged uniforms as a direct financial loss caused by their system, and you can point out that Section 3 of the Health and Safety at Work Act, the IPC policy, and minimum‑wage rules all support your position.

Add a clause to your terms and conditions stating that the boss is responsible for any damage caused by their machines.