redundancy - Self Employed - Fixed Term Contract

twentyfour11
twentyfour11 Posts: 41 Forumite
in Redundancy & redundancy planning
I have been on a fixed term contract with a company for over a 12 + years period of time. Its on a self employed basis. Its continual work.

The company have gone into liquidation.

Do I have any redundancy rights?
«1345

Comments

  • mgdavid
    mgdavid Posts: 6,705 Forumite
    First Anniversary Name Dropper First Post
    only if you can make a strong case to be deemed an employee and risk having to give up the 12 years of financial benefits of being self-employed.
    The questions that get the best answers are the questions that give most detail....
  • twentyfour11
    twentyfour11 Posts: 41 Forumite
    Thank you for replying. I dont understand.

    My position is that I am self employed for over 12 years where almost 100% of my work is with this one company that has gone into liquidation.

    Why would my situation change to losing benefits of being self employed?
  • notanewuser
    notanewuser Posts: 8,499 Forumite
    Only employees have redundancy rights.
    Trying to be a man is a waste of a woman
  • twentyfour11
    twentyfour11 Posts: 41 Forumite
    The advice I have is that it is not as simple as you have stated because of some recent case law and because I am on a fixed term contract.
  • Majestic12
    Majestic12 Posts: 142 Forumite
    It's not possible to be self employed and employed for the same work at the same company. You need to determine what you are. HMRC have an employment indicator test which you can take online and it should give you an idea how you should be treated in terms of taxes and employment status.

    If you are genuinely self employed then obviously you receive no employment benefits or redundancy package because that is only for employees.
  • asajj
    asajj Posts: 5,123 Forumite
    First Anniversary Name Dropper First Post Rampant Recycler
    I'd call Citizen Advice Bureau rather thank asking here
    ally.
  • antrobus
    antrobus Posts: 17,386 Forumite
    twentyfour11 wrote: »
    The advice I have is that it is not as simple as you have stated because of some recent case law and because I am on a fixed term contract.

    Yes but you were on a "self employed basis".

    If the company genuinely has "gone into liquidation" i.e. it's insolvent, they won't have the money to pay you, so you'll have to claim the money from the National Insurance Fund.

    I have no idea what they would do if they had a claim for redundancy from someone who had not paid any Class 1 NICs; they might say 'naff off' in a polite civil service way. I'm not sure how case law, recent or otherwise, can change the fact that you have no Class 1 record.

    But I'm only a random guy off the internet, so don't take my word for it.
  • Intoodeep
    Intoodeep Posts: 1,662 Forumite
    First Post Combo Breaker First Anniversary Mortgage-free Glee!
    If you don't put in, then normally you don't take out, to put it simply.


    But you should have probably queried you status long before the Company became Insolvent.
  • twentyfour11
    twentyfour11 Posts: 41 Forumite
    Just in case anyone is in the same situation as myself my advice is not to accept everything everyone states because the information can be wrong.


    It seems that I am going to get redundancy payment even though I am self employed. The reason is that I am "freelance" and that I can prove that all of my work is with the same company for 20 years. Whilst in most cases self employment is an exclusion in my case I am likely to get a payment because of my personal circumstances. Its also to do with employment status and I meet the criteria of "freelance".
  • notanewuser
    notanewuser Posts: 8,499 Forumite
    twentyfour11 wrote: »
    Just in case anyone is in the same situation as myself my advice is not to accept everything everyone states because the information can be wrong.


    It seems that I am going to get redundancy payment even though I am self employed. The reason is that I am "freelance" and that I can prove that all of my work is with the same company for 20 years. Whilst in most cases self employment is an exclusion in my case I am likely to get a payment because of my personal circumstances. Its also to do with employment status and I meet the criteria of "freelance".

    That makes absolutely no sense whatsoever.
    Trying to be a man is a waste of a woman
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