Redundancy rights

[F1rugby23]

Hi, I have been working for a company continously for over 10 years wfh. They issued me with various contacts over the years which used both the words employee/worker. Work was continuous on a range of similar projects that I got paid for by piece of work. I sent an invoice in monthly and they sorted tax and ni. I also had a pension with them. They have stopped my work suddenly. When I enquired about redundancy they told me I wasn't eligible due to being on a zero hours contract. I am not sure where I stand now? From Googling it seems that if I am an employee I am eligible but if I am a worker I am not. I don't have a copy of all my contacts over the years. Can I request this from them? The contracts i have access to all say something along the lines of this is new employment and does not form part of previous employment even though I have no gaps in work with them so not sure this is allowed? Very confused, do you think I am eligible or not? I feel quite put out after all this time that I have just received a casual email to say project I am working on is being terminated early due to no business need. No offer of other work or anything. Then email from hr to say p45 in post.

[F1rugby23]

Just to add, they set the pay rate and schedule of work.

[WhatWouldTheDoctorDo]

You need someone who understands contracts to have a look at them - I'd try ACAS in the first instance, and if they think you've got a case to be classed as an employee speak to an employment law solicitor.

[Tumbler2121]

If you're not an employee there is no reason to send you a P45!

[HermioneWeasley]

It sounds like they think they’ve found a clever way round your employment rights, but IMO they have made you an employee - despite you invoicing them they have sorted your tax and NI and paid into your pension.

you should be asking for statutory redundancy pay, 10 weeks notice pay and 4 weeks pay to reflect the lack of any process

[F1rugby23]

Thanks for the comments. Will try ACAS and see what they say. Heroine, I feel you are right. I asked them about pilon and redundancy pay and that is when they said I wasn't eligible!

[prh47bridge]

The fundamental question is whether you are a worker or an employee. If you are a worker on a zero hours contract there is no entitlement to redundancy pay. If you are an employee you are entitled to redundancy pay.

I'm afraid that @HermioneWeasley is wrong that them paying tax and NI makes you an employee. It does not automatically follow. Businesses pay tax and NI for both workers and employees. The government website at Employment status: Worker - GOV.UK (www.gov.uk) describes the things that mark someone out as a worker rather than an employee.

Having said that, the fact that their contracts have been inconsistent and have used both the words worker and employee may undermine their position and mean that you are actually an employee whatever they think. You may need to take advice from a lawyer who specialises in employment law. They would be more likely to give you the correct answer than ACAS. If you have legal cover on your home insurance, they may be able to help.

[F1rugby23]

Thank you. I think it's the employee/ worker thing too even though the hr department didn't seem aware of this factor and just focused on zero hours. The definition of this is hard to work out to be honest. I will seek advice. My invoice template that they gave me puts me as employee too.

[PickledPurplePickle]

Definitely speak to ACAS, they will be able to help

[WhatWouldTheDoctorDo]

@F1rugby23

Thank you. I think it's the employee/ worker thing too even though the hr department didn't seem aware of this factor and just focused on zero hours. The definition of this is hard to work out to be honest. I will seek advice. My invoice template that they gave me puts me as employee too.

Are they a small or big company? I'm not HR bashing (it's what I do for a living), but if they're a small company it may be that the HR department genuinely believe you are a worker and/or don't fully understand the difference and/or have been told by the company to get away with what they can. Employers who treat people badly don't tend to attract the brightest and the best in HR functions. Behind every poor HR function is a poor employer ime.

But anyway, employee vs worker, isn't completely straightforward to the untrained eye, so it's definitely worth taking proper advice.

Good luck with it!