Redundancy entitlement for "freelancer"?

Ginger_Winner

I wonder if anyone can advice me on my legal position as a long-term contractor?

I've been working for a limited company since 2005. The company has now been sold and the office is being closed in March and all of the staff with the exception of the sales director are all being made redundant.

I have now been on the pay-roll with this company, but have instead been submitting invoices on a monthly basis. I have for all intents and purposes been treated like an employee i.e. given my own desk, company funded blackberry and I have worked the same number of days (in some instances more) than the other employees. The only difference has been the manor in which my remuneration has been administered and the fact that I don't receive any payment for time off for holiday or sickness.

Do I have any sort of claim for redundancy payment? It feels to me that there is some sort of implied contract although I don't know where I stand legally?

getmore4less

So how were you paying you tax and NI?

Have you avoided IR35?

Were you self employed or on a contract for services through another company?


Once you establish you employment status that will help determine what happens next.

Ginger_Winner

I operate as a sole trader and submit a tax return via self assessment. I pay my NI contribution direct..

I'm not familiar with IR35 so I guess I have avoided this....
The monthly payment of my invoice is made directly to me from the company I work for - there is no intermediary involved.