Self employed or employee

tigeress289

I started a different thread sometime ago but wanted some independant views on employment status. As Legal advice says one thing and HR says the opposite.
Please, if you have a moment. I would like a simple answer , self employed or employee?

Job/taken on as temporary caretaker of school.
Asked to be self employed and pay own tax and insurance.
Had to work 5 day week from 06.00am till 18.30pm (4 hr break mid day)
On call at all times.
Told what jobs to do
Told where to do them
Materials and equipment supplied by school
I could not employ anyone to help me
Heavy tools supplied by school
hand tools my own.
paid hourly rate and paid weekly by cheque from school
had a time table and time sheet
Asked to work most weekends during 5 months there(paid extra)
called out numerous times for fire alarm and testing
could not do any other work due to hours I worked at school
worked 5 months then dismissed.

Now, am I self employed with no rights or employee with rights?
I originally thought I was self employed but convinced now, I am an employee. This is my last chance to get independent views before it goes to court. Thank you for your time.

ohreally

From ACAS


Employees work under an employment contract which is sometimes known as a contract of service. Usually you would have something written down, but you can still be an employee without a written contract. Some signs that you might be an employee are:

• You have to do the work yourself - you can not send someone else to do your work or sub-contract it
• The person who provides you with work can tell you when and how to do your job
• You do not do work for a number of different customers - you work exclusively for one person/business
• You are not responsible for your own Tax or National Insurance contributions; these are deducted straight from your wages
• You work at your employer's premises and use their tools or equipment
• You are covered by a disciplinary policy.

Self employed people are usually identified by the fact that they are in business for themselves. Some signs of self employed status are:

• You provide a service to more than one person
• You can send another person to do your work. This person reports to you and you are responsible for paying them
• You can decide when or how to do the work
• You have a financial risk or reward from your business. For example you may agree to do a job for a set price and are responsible for any additional costs that arise and benefit if it can be done more cheaply
• You send invoices for the work that you do.

If you are still unsure of what your employment status is you may want to take legal advice on the specifics of your situation. You can find a more in-depth explanation of employment status at www.direct.gov.uk.

The role of HR isn't to provide you with advice and a friendly ear.

Uncertain

There is an interactive tool on the HMRC website to assess your employment status from their point of view. It is completely anonymous.

However, it is possible to have a situation where HMRC take one view and an employment tribunal takes the opposite. Neither is binding on the other.

Sounds like specialised legal advice is needed.

dseventy

Its sounds to me 100% that you are an employee not self-employed.

One of the other tests is working for other people, do you provide care-taker services for others?

Its cut and dry IMO

D70

pleasedelete

You have asked endlessly about this in posts over several months linked to your dismissal and criminal convictions. You have had lots of advice.

If you want to take the matter further you should get professional advice.

This issue is seemingly much more complicated than employment status.

InsideInsurance

tigeress289 wrote: »

could not do any other work due to hours I worked at school

worked 5 months then dismissed.

Now, am I self employed with no rights or employee with rights?

The first point makes no difference as it is a practicality issue. What makes a difference is what the contract states over if you can work for someone else or not.

Were there any staff benefits (eg cheap food in the canteen) and were you able to use/ claim them?

As you worked there for under 1 year even as an employee you would have very little rights. What are you trying to claim in your court case?

tigeress289

Thank you all for honest posts,
firstly, no I never could work anywhere else as caretaker.
second and most important. What I have learnt is that a lot of business, take workers for granted and the main people that side with "no rights" are either employers or work in HR.
The question on my position is if employee, then wrongful dismissal applies.
Please note I tried the employment status indicator after the post andthe result was "worker is an employee"
Thank you for that information. It is a superb tool.
I have seen how people are scared of their jobs working in the school and treated like crap. Not me.
Thank you again for help and replies