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Boss asking me to choose if I want 0 h contract or be freelancer

7 replies

wingcommandermoi · 14/06/2019 11:03

Hi everyone,

I was wondering if someone out there might be able to help.
I'm getting a lot of stuff on Google from the employers' point of view, but not so much from the worker's angle.

So here's some context:
I have a 1 year contract working full time as a researcher for someone writing a book. The job actually ends in March 2020 so I will then have to find something else.
I actually work from a desk I have within a small planning and architectural consultancy, who are friends with the author and whose work is relevant to the book I’m working on. I speak on the phone to the author a couple of times a week.

Once my contract with the author finishes, I am hoping to be able to stay and work full time with the architectural consultancy as I love what they do. They said they would like to hire me at the end of that period.

I have been doing the odd little bit of work for them and it’s been great, but lately there has been more and they realise that. And I don’t mind working some hours here and there on top of the day job because I really enjoy the work, and I need the money.

They would like to pay me for the hours that I’m doing work for them, and have asked me if I would prefer being on a zero hour contract or a freelancer.

From what I can see on Google, there is not much difference for someone in my situation, apart from the fact that I wouldn’t have to do the whole tax self-assessment thing as they’d put me on PAYE, which is very attractive. I’m already on PAYE with my full-time employer.

Is there anything else I should be weary of?

Thank you very much everyone…!

OP posts:
Lougle · 14/06/2019 11:13

Freelancing is self-employed work. You need to go onto the <a class="break-all" href="https://www.google.com/url?sa=t&source=web&rct=j&url=www.gov.uk/employment-status/selfemployed-contractor&ved=2ahUKEwj-w4T93ejiAhWztXEKHSWLAwgQFjAOegQIAhAB&usg=AOvVaw3KreSVxoK3ZvdPy4Qmbtyz" rel="nofollow" target="_blank">gov.uk site and look at the criteria. I think it sounds like you will be employed.

flowery · 14/06/2019 11:31

A zero hours contract can be either employed status or casual worker status. 'Freelance' - they probably mean self-employed.

Employment status isn't generally something you can choose - it depends on the nature of the relationship between the two parties. If your work is very irregular hours, you get a choice whether to do it or not, and when to do it and where, then it could be either, and have a look at the gov website for the other factors to consider, particularly the level of control involved.

However if it could be either self-employed or casual worker status, opt for the casual worker status. It gives you more rights and is easier for you than having to register as self-employed with the malarkey that goes with it.

wingcommandermoi · 14/06/2019 11:34

Hi Lougle,
I would only be employed if they put me on a 0 hour contract. Which is what they are asking me to choose.

Either they pay me as a contractor/freelancer (I send invoices and do my own tax returns) or they give me a 0 hour contract (they put me on PAYE).

Not sure what's best for my sort of situation...

OP posts:
wingcommandermoi · 14/06/2019 11:39

Thank you flowery, very helpful.
Correcting my initial working, it could be either self-employed or casual worker status. Looks like casual worker status might be best.

OP posts:
stucknoue · 14/06/2019 11:39

It depends on the amount you are earning, sometimes you pay less ni when self employed but I suspect you won't reach the threshold anyway. For simplicity I would suggest zero hours contract though

flowery · 14/06/2019 12:04

It is perfectly possible to be employed (rather than a casual worker) on a zero hours contract, which obviously gives you the greatest rights, particularly if you anticipate working full time later on. So if that’s on offer, take that. If not, casual worker status is probably acceptable, and take that over self-employed.

myhamster · 14/06/2019 12:12

I would say zero hours contract for now. It just means that you are not guaranteed any work from them but they will pay you for what you do.

Freelance, you would be in control of your hours, decide when you work etc, but generally if you go to the same place every day, or set hours a week, you should be an employee.

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