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What are my employment rights - current dispute at work.

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
Hello,

new member here and looking for some information to clarify a situation I have found myself in.

I've been on a 3 month full time contract, being paid PAYE by my employer at the end of each my with a payslip just the same as everyone else. My recruitment agent found me the role and said it may go permanent.

How can i tell if I am employed as a freelancer or not? There is nothing in my contract which says "freelance". There is mention of a day rate, but my agent told me this at the outset, explaining it was the equivalent to x per year.

It also says I should be expected to work outside of regular business hours and not be paid for this additional time.

I was asked (told) to take a week off as there wasn't enough work for me to warrant my coming into work. I was also told after the bank holidays that I wouldn't be paid for those.

This has really put me out as when I signed a full time 3 month contract I had budgeted accordingly. Also, I was told I would accrue a day and a bit off each month, plus get bank holidays. I've only now found out I won't be getting these.

I spoke with the person who deals with the contracts regarding termination notice as there was no mention of it in the contract. He said 1 week notice on both sides.

To me the contract seems pretty vague, if I'd known I was being employed as a freelancer I would have asked for a lot more as a day rate and not signed a contract which said i wouldn't be paid for overtime.

Any help would be most appreciated.

Thanks.

Comments

  • Olly_BOlly_B Mod-u-like Posts: 222 Settling in
    Hi Blake,

    It sounds as if you are employed, not self-employed.

    The HMRC rules on whether you are self-employed or not are here:

    For employees:
    http://www.hmrc.gov.uk/sa/self-emp.htm#1

    For employers:
    http://www.hmrc.gov.uk/employment-status/index.htm#1

    It's worth contacting ACAS for advice on your options. Their helpline is 08457 47 47 47

    Hope this helps...


    Olly
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    To save you having to call a premium rate tel number, call this number (goes to same place as above but costs less) 01256 730960

    The pay bit sounds a bit dodgy to me tbh.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Thanks for both of your replies. I’d posted my concerns to a dedicated freelance forum in the UK and had no replies whatsoever.

    Have been calling and calling Citizens Advice and had no one answer my call. Just kept telling me to call back.

    Have been calling and calling Citizens Advice and had no one answer my call. Just kept telling me to call back.

    My employers have really put me in a tricky situation. They had guaranteed me full time work for three months. Had I known they could tell me to take a week off without pay or work outside normal work hours without additional pay I doubt I would have taken the position or at the least would have negotiated a better contract. I’m not even being paid freelance rate!
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