self employed redundancy entitlement

jojo1072

hi was just wondering if anyone can help me,i am self employed and have worked for the same company for the past 7/8 years.it appears that the company concerned are closing down the department and making all staff (directly employed) redundant, even though i am self employed would i be entitled to any severance/redundancy pay.

many thanks

jazzyman01

Do you work just for that Company full time? Do they dictate the hours, days etc that you work? Do you have to get someone else to do the job when you are on holiday/sick or is it left open or the Company gets someone else?

tizhimi

I'm self employed and one of my main clients have gone bust. I wasn't intitled to anything as I am self employed and worked for them on a ad hoc basis.

jazzyman01

Then I dont think you will be entitled to anything, but you could contact ACAS or CAB to double check.

Sorry

LittleVoice

jazzyman01 wrote: »

Then I dont think you will be entitled to anything, but you could contact ACAS or CAB to double check.

Sorry

BTW you didn't get an answer from the OP, only from someone else who was confirming that they, as self-employed, had not received redundancy pay.

jojo1072

hi ty for the replies in response to jazzy i am on call for the company and have to be available 5 and a half days a week.the company nor i get anybody else in if i am sick or on holiday.

LittleVoice

jojo1072 wrote: »

hi ty for the replies in response to jazzy i am on call for the company and have to be available 5 and a half days a week.the company nor i get anybody else in if i am sick or on holiday.

If you have to be on call, does that effectively mean you can't really do work for another company?

It sounds as though you are an employee, not self-employed because they are telling you when you have to be available and you aren't able to get anybody else to do the work. Are you risking anything financially in your business?

If you are actually employee, then you would be entitled to redundancy pay. It would also mean that the company should have been paying employer's national insurance contributions and deducting NI and tax from your pay. Therefore the pay you received from them would be considered as being nett of those deductions and they would need to pay HMRC for what they should have been paying over. It would also mean that you should be able to reclaim tax and NI that you have paid - unless you did have self-employed earnings requiring you to pay NI. Of course you would also need to take into account any claims you have made for travel, subsistence and general expenses which you may have claimed as self-employed.