I have been working in the same prison as a sessional tutor for four years without a contract

[MrFlick]

Hi all,

would appreciate if anyone can advise me - is it completely legal for me to work as a sessional tutor at a HMP for the last four years without the MoJ's outsourced education organisation issuing me a contract, owing to the fact that I am a sessional tutor who covers classes only a few times a week - around 6 to 8 hours weekly sometimes more?

It's just weird that after several years I still do't have a contract.

Many thanks

I am going to say this once more and then give up. Based on everything you have said here you are a self-employed contractor employed under IR35. Under IR35 tax etc is deducted by the "employer" (who is not in a legal sense an employer). This is the only explanation that fits the facts. So you can dispute that you are a contractor as much as you like - based on all the facts that you have provided this is the only employment relationship that legally fits the facts. You are either a contractor under IR35, or the people you work for are massively breaking the law using government money and on government contracts. Which of those do you think it is? Because if you are saying it is the latter you need to report them to HRMC / whistleblow to the MoJ. Setting aside sick pay - because we still don't know whether you earn enough to be paid it even if you qualified for it, it is illegal not to pay holiday pay to workers and employees.

it would seem I am neither a worker nor employee - what can I possibly be then? There is only one other thing left. See above!