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Am I right that if a company is telling me when I should be in work then I am not freelance?

8 replies

sequincardi · 30/03/2023 08:42

I am in marketing/copy and self employed

I have worked employed and self employed concurrently before

But I have just gotten a one day a week client and they have suggested I am in the business one day a week.
But got the contract through and they are saying 8 hours with 40mins lunch and being precise about my start time
But also referring to my "services" abt that I am respoonsbile for my own NI and tax

I am right in saying they can pay me a day rate but not specific the times?

OP posts:
MajesticWhine · 30/03/2023 08:44

They can ask what they want but you don't have to agree. Could you negotiate the contract and say what terms you want ?

Hoppinggreen · 30/03/2023 08:45

I have freelanced and DH is a Contractor too so I know a bit about this.
Its a grey area because they could put it into your contract with them that you have to do this but there are also IR35 implications if they do

LindorDoubleChoc · 30/03/2023 08:48

My husband is freelance but has to work proscribed times for all his shifts with all his companies.

Cottagecheeseisnotcheese · 30/03/2023 08:52

This is a bit of a grey area, part of self-employment is choosing your hours but it is not the only criteria if a client wants you at a certain time for X hours that doesn't make you an employee. A self-employed dentist has set hours and lunch, you might expect a self employed business consultant to fit in with general office hours everyone else works which seems to be your scenario.

SheilaFentiman · 30/03/2023 08:55

There are a number of tests for IR35 - it’s a bit of a gradient as to whether you would be judged more like a part time employee. Is it a big company? I did freelance work for a big accountancy firm and there was no chance of amending their standard doc, I just made sure the other work I was doing at the same time was on my doc.

how long term is the work?

GreenFingersWouldBeHandy · 30/03/2023 08:58

If you're paying your own NI and tax then you are still a freelancer. But it's not unreasonable for them to ask you to fit into their work day/pattern. Especially if you need to communicate with other staff.

What were you expecting?

sequincardi · 30/03/2023 09:31

Thanks for the replies.
I am just hoping for a bit more flexibility (esp on the early for me start 👀😳) but I think that will prob come with time when they see how awesome I am lol and that I don't need to be at my desk in their office to do it all
In terms of contract it also appears to have no notice period on either side so we will see how we go.
Thanks

OP posts:
Cornwallinthesun · 30/03/2023 13:11

Totally get this @sequincardi - there's been a surge in self employed vacancies. We have had a few in Cornwall that stipulated when you'd be in the office. It's a toxic situation and incredibly red flaggy.

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