Freelance?

[caravanman]

Just a quick one.

I work as a freelancer (education/training sector). The company monitor the work freelancers provide (which is fine), but they also 'grade' the work (using a numerical system) and performance manage freelancers who are underperforming.

I respect the need for quality assurance, but I feel uneasy about freelancers being directly performance managed by the company.

So far, there have been no 'problems' with my work, but I feel increasingly like I am an employee of the company rather than a self employed person and this makes me uncomfortable.

Performance management of freelancers/contractors is pretty normal really.

Most businesses will "performance manage" their suppliers in some way or other.

Thank you. I appreciate the advice. However, I am still dubious about just where the line between freelance/self employed and worker/employee occurs.

For example, if I were to employ a self employed painter to paint my kitchen, and s/he made a mess of it, I would not hire him/her again, and I may even negotiate a reduction in fees.

I would not state, 'Well, I'll give you a three for that. I want you to get some better paint, do the corners and make sure you don't paint the cat next time'. This is because I am hiring the person to do a job, I am not training him/her to be a member of my staff.

I agree that our work should be looked at and advice given if appropriate. However, a grading system, upon which the allocation of work is based, seems to put an element of fear into what is already a very insecure way of earning a living.

You are absolutely right. If they treat you as an employee and “manage” you in the same way, it undermines your self employed status and comes with a risk.

I have just completed the IR35 calculation for employment status from the HMRC, and the result is 'Employed for Tax Purposes'.

This is based on a number of factors such as the fact that I cannot send a substitute for the work I do, I am introduced to clients as someone who works for the company, and so on.

My issue now is what I do with this information. I would like to discuss opinions with other freelancers who work for/with the company, but we do not meet outside mandatory meetings (which are now online). I used to have access to some of the other freelancers' e-mail addresses because I used to moderate their work. However, I gave this role up due to the fact that I felt there was a massive potential for conflict of interest if one freelancer moderated and graded the work of another freelancer and this was part of the other freelancer's appraisal. This was one reason why I started this thread.

I know I will be giving up this post very soon because it is not my only 'employment', but I am a bit conflicted about whether or not to raise questions formally.

For example, the company has provided a steady income for me and for other freelancers for a number of years. The work is very flexible and fits in around caring responsibilities, and the work itself can be enjoyable.

However, freelancers are treated like to lowest rung of the staff team. There is not sick pay, no holiday pay, no job security and we pay our own tax. We are subject to the company's appraisal system even though we are not employees, and, ironically, a great deal of the content of the courses we assess discusses employee's rights and good practice, which are questionable in our own cases.

Is there an advisory body with whom I could discuss this issue further (if I decide that is something I need to do)?