Self Employed but hours and time off dictated

Thumper77

Firstly, there is no dispute. I am merely looking for the opinions of others so thanks for your response.

I absolutely understand the owner's situation, and as I have said I have no issue with the hours being set. I feel that wanting to negotiate the odd day off, with notice, is not unreasonable. I am not expecting to pick and choose when I work and am sorry if it came across that way. I do however feel that asking a self employed person to do work without being paid probably is unreasonable. I choose to do this in my main job, but the difference is I am on a salary, not working for a business as such and it is something that most people in my line of work do. This is just an example of why I feel the relationship is slightly unbalanced.

There is no contract in place. I had been in touch with the owner for quite a while before starting there, and it was only just before I started that she stated it would have to be on a self employed basis with a set rate of pay. So, I never set out to start a business, I am self employed purely to enable me to carry out this work. You are probably right when you say I do not fully understand self employment, at least not in this context.

I realise I am not 'entitled' to any pastoral or welfare care, by which I assume you mean time off etc, but in return I do not expect to have to provide 'favours' such as extended notice periods and unpaid overtime.

I don't mean to come across as awkward and the last thing I want to do is make things difficult for the owner of the business, but as I have said before I just feel the relationship has been unbalanced.

I am the first to admit that I am new to self-employment and the reason I posted here is to gain a better understanding.

DVardysShadow

As it is tutoring work, if you are truly SE, then you should be negotiating work packages of tutoring a group or a person in a subject for a set number of weeks and at a set time. The negotiation of time and duration should not be done on your behalf by the proprietor without your input. You need to keep your diary close by you on this and plan your leave ahead.

This should meet the proprietor's requirements and yours too.

Thumper77

Thanks, DVardysShadow. This is not how it has worked. The owner wants an ongoing commitment of weekly group tutoring. The pupils and subjects will change over time, and she is in charge of this. If it was an agreement for a set number of weeks at a set time of course I would not be looking to take time off during the contract. As it is the owner seems to want an ongoing commitment on her terms, ideally with no time off ever.

PlutoinCapricorn

Thumper, you are describing someone who wants all the power without any of the responsibility.

People should decide for themselves if and when they want to become self employed, and even then this does not mean that self employment is suitable for a particular assignment.

anamenottaken

The thing about thumper, as self-employed, sending someone else in to do the work may not really have been what was meant in the "rules" defining self-employment. If the business owner was going to pay the substitute direct then it doesn't make thumper self-employed - it means that the owner would simply be paying two, on her terms self-employed, individuals. For thumper to be self-employed, she could pay the substitute and invoice the business for the service of the second person.

DVardysShadow

Thumper77 wrote: »

Thanks, DVardysShadow. This is not how it has worked. The owner wants an ongoing commitment of weekly group tutoring. The pupils and subjects will change over time, and she is in charge of this. If it was an agreement for a set number of weeks at a set time of course I would not be looking to take time off during the contract. As it is the owner seems to want an ongoing commitment on her terms, ideally with no time off ever.

If ever this is going to be satisfactory for you in the long term, [and for your employer/customer], you will have to insist on being quite clear about what group you are committing to, when in the week and for how many weeks ahead. If a commitment is imposed on you for an indefinite number of weeks ahead - where you can never cancel but she can at a weeks notice, this will never work out well.

Thumper77

I agree, but from what I can tell this is the way she works with the other people too so I am aware that if it's not going to work for me I need to get out, which is what I have now decided to do. Being asked for an extended notice period beyond the 2 weeks given is annoying more than anything, but it has confirmed to me that I am probably doing the right thing! It seems to me she has no provision in place for people being off or leaving. Maybe this is the norm, as I have said I have little experience of working in this way, but to me it seems unusual at best!

anamenottaken

You don't have to give any notice if you are not an employee.
If she hasn't got proper contingency plans in place, her business acumen is lacking. Unless she is carried by the franchise people, her business is going to fail.

Thumper77

Thanks anamenottaken. I know that by law I wouldn't have to give any notice but felt that it was fair to give her a bit of time to find a replacement, however it seems that is not good enough! I agree with your other points too.