So I know this is partly my own fault as I applied for the job & it was advertised as being on a self-employed status, I trundled on for 3 years but things have all turned a bit sour & I'm wondering if I can challenge the self-employed status.
Basically I work 16 hpw (2 full days) in a small office. There are 4 members of staff (including me) and then the owner of the business so 5 in total. The office is based in owners house.
It's almost 3 years that I've been working here now. I hand in an invoice at the end of the month & owner pays by bank transfer. Do my own tax return & pay my NIC yearly, I would pay the tax too but so far have been under the personal allowance so only had NI to pay.
Things have gone rapidly down hill since Christmas. The owner was quite ill when we went back in January & has started handing some of her workload over to the rest of us. It's been very busy but everyone has mucked in to get things done.
The office is quite remote so with the snow I haven't been able to get to work wasn't helped that DD's school closed so I didn't have childcare even if I could of made it. With being self employed if I miss a day I lose a days pay. I emailed to say I wouldn't be in & attached my invoice. Normally this is paid on the last working day of the month. I emailed on the second day I was due in & said I'm not going to make it again, roads haven't cleared & DD's school is still closed.
4 days later from sending the invoice it still hasn't been paid, this has left me in an awkward position as all our direct debits come out on the 1st of the month so I had to transfer money from my savings account (loosing the months interest) to cover the variance from my wages being missing.
This has left me with the rage. I've worked the hours claimed for so I don't feel I should have to chase her up & beg to be paid. Also DH has had to miss 4 days of work this week, 2 days his company actually closed so they got 2 days on standard pay & the other 2 he was able to put annual leave in for so he's not much worse off financially which has left me questioning the whole self employed thing. I'm just unsure how I would go about challenging it?
As far as I see it, I am an employee. The only difference is I have none of the protection or benefits that go with being employed. It seems to just be a way for my boss to skirt round paying NI & pension contributions etc.
I've being trying to find some info online this morning & something I came across mentioned after 2 years the employer should take you on as an employee rather than a contractor but it all seems a bit of a grey area. Where's the best place for me to start?