Stuck!

Cute_'n'_Quirky

Having had to give up my profession of over 23 years because of medical problems I didn't want to sit about and do nothing.

I decided to retrain. I did my exams for a new profession.

Paid my fees and signed a contract with a Company who will train me to full status - however, the postion is self-employed.

The Company are now messing me about.

Have not done any training, they keep changing the dates. The last one was for Monday this week. I arrived at the appointed time to be told that the first training week had to be "postponed for a couple of weeks".

That's it. No further excuses, dates, nothing.

I cannot start working because I need the training. I cannot move to another Company because I have signed a Contract.

Now what am I supposed to do?

LittleVoice

Look at the wording of the contract - have they broken any terms of the contract which isn't affected by an exclusion?

moneylikewater

Hi,

you said that they had taken you on but you are 'self-employed'? - then you have no obligation to them and they to you.

I would look for another job with someone who won't mess you around.

Good luck

L :-)

LittleVoice

The problem is with having paid fees up-front for the training. That's why C&Q needs to look at the contract to see whether they have agreed to provide a service within a specific time, to a stated standard, etc and what remedies are included for default.

Cute_'n'_Quirky

I am contracted as self-employed - I cannot work for anyone else!

I don't have the contract - I have only signed theirs - it is normal for the business.

Pennywise

Cute_n_Quirky wrote: »

I am contracted as self-employed - I cannot work for anyone else!

Oh dear! One of the criteria of claiming to be self employed is the ability to work for a number of "customers" and for their to be no obligation for them to provide work or for you to do it. This sounds very dodgy indeed. HMRC are highly likely to decide that you are their employee and not self employed at all. Employment/Self employment status is determined by HMRC - you can't just agree between yourselves. HMRC website has a status review questionnaire where you answer some questions and it tells you whether you are employed or self employed - give it a try - you need to get this matter sorted sooner rather than later.

Cute_'n'_Quirky

Sorry Pennywise but that is not true.

I have been registered self-employed for 24 years already.

In that time I worked for several years teaching for the local council as "employed" as well as being self-employed. I complete an extra form on my tax return every year where the nett income is declared then the tax paid is rejigged dependent on my income from my self-employed business.

The industry I am going into (regulated by the FSA) is Contracted to the Company but self-employed. I am not allowed to work for anyone else in that same industry, although I can still teach, etc.
I will be self-employed in that the Company will not pay me a salary nor will they pay me commission. I will be responsible for finding my own work and paying the Company a commission for which they cover me for insurance/software/training/compliance/fees/regulatory requirements, etc.

Therefore HMRC criteria do not apply as you suggest.

Also, that is not the problem.