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What is my legal position
Comments
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AlwaysSomething wrote: »We have a verbal contract only, but it contains no detail. We do work, we get salary - that's all it says. Some job titles, but no statement of duties.
I'm trying not to describe our exact case for everyone on the internet, but I'm trying to give analogies that exactly represent the situation. Let's try this one:
We were working on John's allotment. Now the council has taken John's allotment, and given it to someone else. I don't think the new allotment holder has a duty to employ us to work on it does he?
Thanks
Here's another analogy. Catering company provides school dinners using school kitchens and their own staff. Contact comes up for tender. Catering company gets booted out, and new catering company moves in, providing meals from school kitchen. Does the new company have to take over employment of the outgoing contractor's employees who work in the kitchen preparing the meals? Yes they do. That is what TUPE is about.
Who pays your tax and NI? John or you? It isn't decisive but it is a pointer. Do you get pay slips? Who is stated to be the employer? Do you get a P45 at the end of the year? Just because you don't have a written contract of employment, or a job description, doesn't mean you are not an employee.
Give ACAS a ring. They can provide you with information about your rights under TUPEI'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
AlwaysSomething wrote: »I can't speak for the rest of the guys, but I pay my taxes - I prepare simple accounts as a sole trader. The pay is cheque in hand.
If you are a sole trader then you are not an employee and have no protection from TUPE.0 -
zzzLazyDaisy wrote: »Do you get a P45 at the end of the year?
P60?Give ACAS a ring. They can provide you with information about your rights under TUPE
I would agree with this - espcecially as you are not too keen on supplying more indepth information, which is of course your choice! But as ACAS are confidential and more discreet than a popular forum, might be a preferred avenue for you...?...and it's probably not a good idea to seek legal advice from a bunch of mongs like us.
:T:rotfl:"Part P" is not, and has never been, an accredited electrical qualification. It is a Building Regulation. No one can be "Part P qualified."
Forum posts are not legal advice; are for educational and discussion purposes only, and are not a substitute for proper consultation with a competent, qualified advisor.0 -
LittleVoice wrote: »If you are a sole trader then you are not an employee and have no protection from TUPE.
Apologies, I missed what OP said about being a sole trader.
Justictia - yep, I meant P60!I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
zzzLazyDaisy wrote: »Justictia - yep, I meant P60!
No worries :beer:"Part P" is not, and has never been, an accredited electrical qualification. It is a Building Regulation. No one can be "Part P qualified."
Forum posts are not legal advice; are for educational and discussion purposes only, and are not a substitute for proper consultation with a competent, qualified advisor.0
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