Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Work

Chat with other users about all things related to working life on our Work forum.

Self employed but has a contract, any rights?

10 replies

stressed33 · 07/09/2017 20:32

DH is self employed but has worked for one company for previous 6 years.
Has always had paid holiday with them.
2 years ago he left, company were desperate for him to go back so offered him pay rise, increased holiday but wanted 6 months notice period from both sides.
He has an email detailing all of this and the boss (who has now left) agreed and said when can you start?
He also has a contract drawn up by the company stating all the terms, however it is only signed by him, not the company.
Over past 2 years he has been paid and had holiday according to that contract.
New boss now come in and wants to change DH's role and big pay decrease. DH has refused so today they have given him months notice verbally.
He is waiting to get it in writing then he will state that he will be invoicing for the full 6 month notice period.
Do you think that the contract will stand up or is it not worth the paper it's written on as it hasn't been signed by company and he's self employed?
Thanks for any advice as getting myself really worried.

OP posts:
TittyGolightly · 07/09/2017 20:36

That's a mess. If he's self employed he shouldn't be getting holiday pay/permission from them!

Is the contract for services or employment?

stressed33 · 07/09/2017 20:38

Contract is for services

OP posts:
eurochick · 07/09/2017 20:47

Law firm partners have paid holiday and notice periods. But are self-employed. It's not unheard of by any means!

stressed33 · 07/09/2017 20:52

I think it's fairly common in his industry too - construction.

OP posts:
Hoppinggreen · 07/09/2017 21:36

But aren't law firm partners effectively shareholders or company directors?
If he gets paid holidays approved by his " employer" and has been there 6 years he might be employed according to HMRC, there is a checklist on the website I think

OoohSmooch · 08/09/2017 08:36

He may be classed as a worker but this really is a mess.

If you are self employed then there are no rights to holiday, sick pay etc or notice periods. It doesn't matter what job it is.

Some industries will still pay these things but it's a risk to their business as the individual could claim they are an employee and then the company be liable for the back log of employers NI contributions. Just one of the many risks/issues of doing this.

museumum · 08/09/2017 08:48

Construction industry has specific self employment rules. Is he a Ltd company or operating through an umbrella company? I'm assuming he's a "contractor"?

stressed33 · 08/09/2017 08:54

He's a limited company

OP posts:
TittyGolightly · 08/09/2017 12:56

Just as a point of order, a person cannot be a limited company. The whole point is that it is a separate entity.

Can he get advice through any insurance policies or his accountant?

New posts on this thread. Refresh page