Question about emplyoment status for a freelancer

[hackneybird]

Hullo all

I hope there is someone that can help me.

I am freelance (am 'self employed' and sort out my own tax etc.).

I am currently working a full time year-long contract with a company, covering for someone who is on maternity leave. I have been there since last June, and have never signed a proper paper contract. The agreement so far is verbal.

In the New Year they asked me if I was interested in staying on indefintely, either as a freelancer or if I want to become permamnent. I said I would think about it, but the subject has not been mentioned again.

I am now 13 weeks pregnant, and trying to hide it for as long as possible as I am concerned they will find a reason to let me go, if not now in June (business has been very quiet lately and there have been a lot of redundancies).

a)Do I have any rights at all or can they easily get rid of me?

b) how long can I be at a company on a continous contract before my self employed status is threatened?

c) Does the length of time I have been there mean that I am entitled to any maternity benefits from them at all, or do I only qualify for SMP from the dole office.

Sorry for the lengthy email and ton of questions - is all v. confusing and worrying at mo.

try tiger.gov.uk. It gives advice forall those types of scenarios. Good luck!

Without knowing the full facts it is difficult to say - but from what you have put I would say you were employed not self-employed (I am talking about the actual situation rather than how you and your employer are treating it).

If this is the case then you are legally entitled to all the same rights as any other employee.

There is a fair amount of case law on this, and employers having to comply with employment law despite the arrangement being freelance.

It you look, sound and smell like an employee (temporary or otehrwise) then you probably ARE an employee.

If you have been acting as self employed when you are technically "employed" in the eyes of HMRC then you need to get professional advice. Your CAB may be able to help. Your employment status is related to how you work for a particular company, not how long you have worked for them.

If you are deemed to have been employed then as well as potential benefits, you and the employer should have been making the appropriate tax and national insurance contributions. See this link
here . There can be penalties for non-payment of these. Your "employer" would not have a choice.

If you are considered to have been employed, and have been in employment for less than a year then you have very few employment rights.

Thanks all.

tbh if you are actually employed it is your employer who has the problems rather than yourself.