Help !! im self employed - a business I work for has gone to administration

kennewby

thanks everyone for replies very helpfull

bungle4by4

your stuck, if the firm goes bankrupt, then you will be paid a very small percentage by the offiical reciever. eventually. think 8p in the pound.

make sure all your own equipment is off site.

agrinnall

You were actually probably an employee, which would have given you more rights, but because you were happy to carry on being a contractor for all those years I suspect you've lost your opportunity to raise it.

So, you now just another unsecured creditor at the back of the queue to be paid. You can ask for your last invoice to be paid but I'm certain that the administrator will say no. And you cannot remove anything from the premises, that would be theft.

Jarndyce

agrinnall wrote: »

You were actually probably an employee, which would have given you more rights, but because you were happy to carry on being a contractor for all those years I suspect you've lost your opportunity to raise it.

So, you now just another unsecured creditor at the back of the queue to be paid. You can ask for your last invoice to be paid but I'm certain that the administrator will say no. And you cannot remove anything from the premises, that would be theft.

Based on what? Nothing the OP has said suggests that.

OP - can you answer the following questions and I will advise further on whether or not you were an employee or not:

- were you responsible for your own tax arrangements?
- was there any obligation for you to attend each week and an obligation on the club to provide the work, or could either of you - in theory - have said that they had made another arrangement that week?
- did you have to be there personally or could you have sent someone else to be the DJ one night?
- did you provide your own equipment?
- what level of control did the club exercise over what music you played?
- do you operate as a DJ for any other clubs or do you hire yourself out for private functions etc?

Jarndyce

You are not an employee.

You will simply have to take your place in the queue with all the other creditors, sorry. But make sure they are aware of your debt.

scheming_gypsy

Jarndyce wrote: »

Based on what?

i'm with you on that one. the title explained it all with one little letter 'a business I work for'. Not 'the' business but 'one of them'

agrinnall

Jarndyce wrote: »

Based on what? Nothing the OP has said suggests that.

Yes, you're right, I missed the "a business" in the title and that the OP is a DJ - having not mentioned any other work I'd assumed he was a doorman or some other more regular job in the nightclub.

flutterby_lil

part of the lava ignite group by any chance?

Jarndyce

Are you trying to argue that you were an employee? Sorry but its a non-starter.

You were free to work for other clubs - whether or not you actually did, and you were doing so at the end.

You were not subject to the club's disciplinary, holiday or sick pay arrangements.

You provided your own equipment which you were also free to use elsewhere.

You made your own tax arrangements.

You called yourself 'self-employed' in the thread title.

In the words of the Lord Chancellor*, "If it walks like a duck, swims like a duck and goes 'quack', then its a fu**ing duck!"


* not really

hcb42

where has the OP tried to argue this!

They are a creditor and therefore have done work and looking for payment, not claiming to be an employee!

Jarndyce

hcb42 wrote: »

where has the OP tried to argue this!

They are a creditor and therefore have done work and looking for payment, not claiming to be an employee!

In the post that they have now deleted!!!