Can my employer change my contract to freelance?

[RachelMumtobe]

Hope someone can help with this as I'm not sure where I stand.
I've been off work on maternity leave (ordinary leave & additional leave) for 52 weeks.
I previously worked for my employer for 8 years full time, PAYE, with all the usual benefits, sick pay, holiday pay, notice period, and all the other legal employment rights.
I wrote to my employer some months ago (well within the legally required time) to request part time working, 3 days a week.
I recieved an emailed response agreeing to my request. There was no mention of any other change to my employment contract, other than my salary being pro-rata.
Yesterday I called in to see my employer to discuss my workload on my return to work on Monday. I was then told I would be employed on a freelance basis.
This means I will forgoe all my legal rights as an employee. Can they do this? hmm

Sounds a bit dodgy to me.... I know someone who had to be made redundant first and then got taken back the next day on a freelance basis for instance. Hope someone can come along and provide better info....

not unless they have made you redundant first with a nice fat payoff

have you signed anything?

Nope. They can't just take your employment rights away by renaming your employment freelance, no, absolutely not.

Employment rights aren't anything they get to decide to remove and your employment status isn't something decided by them (or you), it's decided by the nature of your relationship, and the nature of your relationship is clearly one of employment.

Have you got an HR dept? I would be astonished if they had anything to do with this if you have, and would suggest you contact them immediately. If they insist on forcibly removing your employment rights you can and should take them to a tribunal.

No HR department - its a small company with just two directors. I think they are trying it on as times are tough - obviously its easier and cheaper to get rid of a freelancer!

I'm just not sure by asking to go part-time I've changed my contract? And therefore lost my rights? I really need some amo to chuck at them!

Google ACAS and they will be able to help you - you don't have to be in a union.

They were brilliant with me when I was having employment troubles a few years back.

Whoops just noticed flowery on the thread, no need to google acas ....

You have the right to ask to go part time. They can refuse if they give valid business reasons for doing so, but they accepted. You requested a variation to your contract in respect of hours and pay, and this change was agreed in writing. You have lost none of your employment rights at all.

WHat's your relationship like with them? If you think they are genuinely well-meaning and just ignorant, you could ring them and just say following from discussion you have checked and it is not possible to change someone's employment status in that way so you are and remain still employed.

If you think they're not quite that well-meaning (and the decision to do this in the first place indicates that they're not if you ask me) I would consider writing more formally stating that any further attempt to deny you your employment rights will be met with legal action.

Or you could do something in between.

And you can point them towards my website, it sounds as though they need me before they get themselves into severe and expensive trouble...

Only joking, I'm sure any well-meaning attempt by an employee to recommend professional advice for the company would be met by a !

Valid legal action you could consider if actual threats are needed to chuck at them include unfair constructive dismissal and sex discrimination.

Thanks very much, I'm feeling better already - I'm going to write to them (just to cover myself). I'll try and keep it light and friendly for now as although I've got no illusion (they are basicly gits) I dont want to rock the boat - yet.

Blimey, as if it isn't hard enough going back after a year without this to deal with!

Obviously I agree with FBB: I should add that as a freelancer I charge a stonkingly high daily rate to cover such things as tax, sick leave and so on.

Just checked your website flowery, I'm going to suggest they take a look at it as generally their HR skills are apalling!

I just checked the response I had from my employer after my part-time work request, this is what was emailed:

^We've had a chat here and think your suggestion of returning to work for
three days a week starting from 10th November is fine in principle.

I will drop you a line confirming this with any corresponding information
regarding your basis of employment shortly.^

I didn't get any other correspondance. Does this leave me exposed?? Shit Shit Shit!

No, it leaves them exposed. You would only be exposed if you had explicitly agreed to change the conditions of your employment to freelance - although as FBB points out, neither of you could actually legally agree this in any case.

No, you should be ok. You haven't had the follow up letter they promised you yet, but that (presumably) email saying that following discussion 3 days a week is fine, and stating the effective date should be confirmation enough I'd say.

Plus when you went in to discuss workload there was no suggestion that agreement to new working hours was being revoked, presumably discussion was about workload to fill 3 days, when you'd be in, that kind of thing? Everyone was working on the basis that your new working hours are 3 days a week.

They're trying to rip you off. Keep that in mind. You have not consented to being ripped off.

Going to write to them and take it from there. Thanks for the advice, I feel more confident now.