Self employed but have worked for the same person for 3 years.

snapdogs

I am self employed, started working for a person 3 years ago 1 day a week, I am a locum nurse, I eventually ended up working for her 4 days a weeks which is all the days her surgery operate, plus 1 Saturday a month. I pay my tax and national insurance, what I want to know is what rights I have - as I have worked for her for so long? Am I considered as a full time employee? I have recently been off sick for just over 3 wks with a frozen shoulder, I was signed out for a further 2 wks yesterday, however when I called to tell her yesterday shortly after my appointment I go shouted at and asked 'For gods sake do you want this job or what?' and why did you not tell me on sunday you would not be back this week. Not wanting to lose my job, I agreed to go back to work, but only in reception, I know I am being bullied by her, and have spent months being told I am lazy, and that I need to stop messing about and get on with my job. I can assure you the last thing I am is lazy! I spent over 20 hours in my own time building this person a company website off my own back, and it cost her nothing more that the fee for the domain. I work one Saturday a month and work between 5-6 hrs without a break. our days runs from 9-5 pm yet I never go home till after 6pm, or she books patients in at the time we close without asking me, then expects me to stay - how does she do she asks me in front of the patient if I will stay! I have been bullied in previous jobs, I do not like confrontation, and the last person she bullied - has cut their days to 1 a week - hence this makes me her new whipping boy... Any advice would be helpful... thanks

InsideInsurance

What advise are you wanting? How to deal with a bullying client? How to grass yourself up to HMRC as a disguised employee?

Lets assume you want to stay as a contractor rather than becoming an employee for the higher pay and lower tax. Presumably if you dont get on with your client then you simply look for another client?

Whilst bullying shouldn't be excusable you do need to remember that contractors generally are the whipping boys and do get the dregs to deal with. Long term contractors accept this and see the higher money as adequate compensation for it, for others contracting isn't a life that suits them and they are better off as an employee.

snapdogs

InsideInsurance wrote: »

What advise are you wanting? How to deal with a bullying client? How to grass yourself up to HMRC as a disguised employee?

Lets assume you want to stay as a contractor rather than becoming an employee for the higher pay and lower tax. Presumably if you dont get on with your client then you simply look for another client?

Whilst bullying shouldn't be excusable you do need to remember that contractors generally are the whipping boys and do get the dregs to deal with. Long term contractors accept this and see the higher money as adequate compensation for it, for others contracting isn't a life that suits them and they are better off as an employee.

What do you mean disguised employee? I pay tax and nat insurance, and not one person has ever said to me this is wrong is it?????????

POPPYOSCAR

I have no idea what the situation is now with the revenue but we run our own business(set up by ourselves but 'employing' mostly family members who were all self-employed). We had a routine visit from the revenue one day and were told that we could not operate that way as everyone was working for just one business, at the same premises using same equipment etc. We had to convert to a partnership to retain the self-employed status for everyone.

InsideInsurance

snapdogs wrote: »

What do you mean disguised employee? I pay tax and nat insurance, and not one person has ever said to me this is wrong is it?????????

It can be.

Whilst a contract can determine if someone is an employee or self employed HMRC independently will also make their own judgement (see http://www.hmrc.gov.uk/employment-status/index.htm#1 ) and if the relationship is found to be that of employee-employer rather than supplier-client then they will tax etc on that basis.

In a B2B relationship, which you have being self employed, you have almost no statutory rights and what rights you do have come in the form of the contract you have in place. As you are not an employee you cannot use the internal grievance process etc etc. You, as a professional, can obviously speak to the higher management (if they exist) to make them aware of their staffs behaviour but they are under no obligation to do anything about it.

I slightly miss understood your prior post and thought you were meaning something else hence asking if you were wanting to try and get your relationship redefined as employee-employer rather than the contractual relationship of supplier client.

Notmyrealname

snapdogs wrote: »

I am self employed, started working for a person 3 years ago 1 day a week, I am a locum nurse, I eventually ended up working for her 4 days a weeks which is all the days her surgery operate, plus 1 Saturday a month. I pay my tax and national insurance, what I want to know is what rights I have - as I have worked for her for so long?

Self employed? None at all. Nada, zilch, zip.

Notmyrealname

snapdogs wrote: »

What do you mean disguised employee? I pay tax and nat insurance, and not one person has ever said to me this is wrong is it?????????

I suggest you look at the HMRC webpage on "Am I self employed"? I would suggest you don't meet the criteria.

snapdogs

All I can say is why did the person who employs me not tell me this? I used to work for various surgeries but ended up working regular days for this one, I have an accountant cannot understand why he has not mentioned this either?

dseventy

snapdogs wrote: »

All I can say is why did the person who employs me not tell me this? I used to work for various surgeries but ended up working regular days for this one, I have an accountant cannot understand why he has not mentioned this either?

Its not down to the "person who employs me" or yourself to choose if you are self-employed, only the HMRC can decide this. From what you have said you are not really self-employed.

If your accountant can't work this out, then he/she is not very good or not asked the right questions.

You have tried to blame your "employer" and now your accountant, is it perhaps not time to look at yourself?

Why is this only a issue for you NOW? Is it because you were off sick?

D70

mildred1978

snapdogs wrote: »

All I can say is why did the person who employs me not tell me this? I used to work for various surgeries but ended up working regular days for this one, I have an accountant cannot understand why he has not mentioned this either?

Because they are saving employers' NI, pension contributions, holiday pay and sickness doing it this way!!

And it sounds like you have a lousy accountant to boot.

Savvy_Sue

One of the beauties of self-employment is that you can walk away from situations which aren't working. Sounds like this one isn't.