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Is this right?

6 replies

Blueeyes91 · 20/11/2017 19:37

Hey guys,

My partner recently got a new job and so we'll be moving away from where we currently live. A colleague of mine changed from being an office worker to a home worker last year. But her contract never changed. It stayed the same.

Now I'm looking to move and hopefully do the same. Only my work have told me I will be going on to a service agreement. My wage will be £8.80 an hour (much less than what my wage is on my current salary). I will no longer be entitled to sick or holiday pay either.

They say I'll be going on to a service agreement.

So I'm expected to be doing the exact same job and hours that I do now. But they will be cutting my wage significantly and taking away sick and holiday entitlement.

I've been with them for a little over 2 years now and I don't know if this all just sounds unfair or if it's actually illegal?

Any advise welcomed.

OP posts:
OhWhatToChoose · 20/11/2017 19:38

That sounds more like being self employed. Be very wary!

CotswoldStrife · 20/11/2017 19:43

I'd also say self-employment, check whether you'd need to sort your own NI/tax/pension out. What makes you think it's illegal, just the fact that (you think) your colleague didn't change her contract - but did she move away from the location? It may be possible for her to go to the office if needed, whereas it sounds as if you won't be able to do that.

Loraline · 20/11/2017 19:45

So the only difference is that you'll be working from home instead of office? How have you requested this change? Through a flexible working request or other process? Just wondering what paper trail you have or process to tie them down with

wheresmyphone · 20/11/2017 19:53

Phone ACAS or Citizens Advice. Both organisations can talk you through this with accurate employment law advice. Both are free. Good luck!

Blueeyes91 · 20/11/2017 19:55

So my colleague moved quite far where she will no longer be able to come into the office. I'm going to be much closer where I could come in now and then when/if they request me to.

I already work 2 days a week from home regularly.

I emailed my work and explained that due to my partners new job we'd be moving and that I would like to continue working for the company and I wanted to know if that would be possible.

They said that it would be and then today (2 weeks before the move) they provided me with all of this information verbally. I was not expecting any of what they have told me.

OP posts:
daisychain01 · 20/11/2017 21:31

Have you got a copy of your Employment Contract? Does it state that you are a permanent employee?

If you are currently permanent and you have been so for over 2 years, they can't just change the basis of your employment, to self employed on a whim, and without making it abundantly clear to you what exactly will be changing.

Your location of work, ie whether you work at home or office based or part-and-part is a different matter to whether you are permanent (ie on their payroll as staff), temporary, fixed term or self employed. You can be any of the above and be based at whatever location they stipulate or you negotiate.

I wouldn't rely on Information your colleague has given, not because they aren't telling the truth, but because their employment basis is unique to them, and yours may have subtle or significant differences that you don't have any visibility of.

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