If you're 'self employed' do you have to put in holiday forms???

[LadyOfWaffle]

DHs work told him last month he is now self employed (?!) but everything is staying the same. All that's changed is he gets 75% of every (ha!) job he does instead of a wage. But he needed tomorrow off (job interview but they obviously don't know that) and put in a form, but the office lady forgot about it so he has to work tomorrow now. Does this mean is isn't really self employed? I really can't get to grips with it, the people I rang to ask about it (IR I think it was) says he isn't but his work is saying he is, but then treating him like he is their employee. I daren't dig too deep though because the boss is abit mafia-ish so I'd rather DH got out asap rather than starting to rock the boat. Who is liable in all this anyway, ie. for the taxes that obviously arent being paid? DH doesn't get job info to keep a record for tax - most the jobs are on account and The Boss won't give him a sheet with the figures on (probably to diddle us out of money as we cannot track what he earns) as he says he doesn't need it.

Not a very legal term but it sounds decidedly dodgy to me. I am not sure you can just make someone self employed. Does he have a contract with them? Does he have pay slips? Hopefully someone with a bit more knowledge than me will come along and give you some sensible advice.

Thought this rang a bell here, he isn't self-employed LoW. What is happening is they are trying to deny him his employment rights and fiddle their taxes at the same time. They are liable btw, afaik, for fiddles like this - I don't think he should be concerned as far as that goes.

So on that basis I would recommend he doesn't go in tomorrow and goes to his interview. If he were self-employed, as you rightly say, he wouldn't have to request holiday, so they can't have their cake and eat it. He should not go in, and concentrate on getting out asap.

Sorry it's all still a nightmare, fingers crossed for his interview.

Boss is pulling a fast one, to avoid paying tax and employers' National Insurance.

To be properly self-employed you have to meet quite tight Inland Revenue criteria (not sure exactly what) but include things like: working for more than one client, working in different locations etc.

Either shop them to the Revenue or get out fast. Maybe consult an employment lawyer in the meantime.

So basically they have sacked him without his knowing then claiming to take him back on as a self employed subcontractor????

What a bunch of tw*ts.

Hope your dp gets the new job that the interview is for and then runs like the wind from the current lot.

The HMRC do an Employment Status Indicator tool which is all the criteria that frogs mentioned. I've used this at work to check whether our contractors were actually employed. As frogs says, the criteria are really tight.

I thought as much - it was when he told them I was pregnant, he cannot have any holiday or paternity leave now. He had to go in today because he cannot risk a bad reference, but fingers crossed for this new job. I would love to shop them but fear DH would be dragged down too. THey must have some sort of audit coming up though because all of a sudden DH has forms to fill in for a CRB check for his license to do this job ie. we didn't realise for the last 6 months he hasn't even had a license to do it! This new job doesn't start until August though, total nightmare!

God, how awful. Surely there's some anonymous process for telling on naughty companies?