On the Payroll but am I Self-Employed still?

Simbl

I started a teaching job as contractor a year ago and I'm self employed. For whatever reasons my employer the school decided to put me on the payroll in June. I was told to no longer invoice the school but to just give them my hours.

We never had a contract when I was self-employed and just shook hands on 15 hours a week. I still don't have a contract.

Am I employed by them or am I still self-employed.

I don't have sick pay, a written statement of terms and paid holiday. My pay is always late. When I'm not needed and do maybe 10 hours a week and don't get paid the 15 hours we agreed on. I'm basically being treated the same as a contractor while on the payroll and not invoicing.

What can I do?

anamenottaken

Simbl wrote: »

I started a teaching job as contractor a year ago and I'm self employed. For whatever reasons my employer the school decided to put me on the payroll in June. I was told to no longer invoice the school but to just give them my hours.

We never had a contract when I was self-employed and just shook hands on 15 hours a week. I still don't have a contract.

Am I employed by them or am I still self-employed.

I don't have sick pay, a written statement of terms and paid holiday. My pay is always late. When I'm not needed and do maybe 10 hours a week and don't get paid the 15 hours we agreed on. I'm basically being treated the same as a contractor while on the payroll and not invoicing.

What can I do?

Is this a private school?

Ask for written terms of employment - was due to be issued within 2 months of your becoming an employee.

Has your pay since June indicated that tax and NI has been deducted?

Simbl

No it's public and yes they have taken out tax and ni on both my payslips.

Takeaway_Addict

Sounds like you are now an employee.

Simbl

I've sent a polite email, hopefully they'll realise what they've done.

Simbl

So I've had no response directly through the email. A member of staff who is head of my department told me "I might be able to get you a contract" as if I wasn't entitled to one but if I'm lucky they will give me one.

Should I send a strongly worded email?

I don't know what to do. Help!

agrinnall

You aren't entitled to "a contract" as such, what you are entitled to, within 2 months of starting the employment, is a written statement of employment particulars.

https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

I would suggest that you take a look at some of the other sections on gov.uk because you clearly have very little idea of your employment rights (such as your entitlement to paid holiday).

Simbl

Sorry I'm aware of what it is, I've confusingly been calling it a contract. I have actually only asked the employer for written terms. According to gov.uk I'm entitled to holiday of 70 hours 36 minutes and the employer must pay me during my statutory leave. This is pretty much the same thing Citizens advice bureau told me. They will not give me SSP if I'm off work for long enough to qualify.

Savvy_Sue

Simbl wrote: »

They will not give me SSP if I'm off work for long enough to qualify.

If they are not paying SSP then they must given you a statement explaining why and giving details of how to claim benefits.

Are you in a union? If not, join before you send any strongly worded emails: you have very few employment rights at this stage!

mlz1413

If they take tax & ni off you are an employee.
It sounds like you probably have a zero hour contract which means they pay you for what you work with no right to a set pay.

SSP is only payable after 3 days continuous illness and then the employer has the right to ask for a doctors note even if you have to pay for one. But you would need a contract to advice you of that

harrys_dad

Simbl wrote: »

No it's public and yes they have taken out tax and ni on both my payslips.

What do you mean by "public". If it is still a community school this employment arrangement sounds very odd indeed. In that case I would contact the Local Authority HR section, assuming they still do the school HR function (sometimes this is not the case). If it is an Academy or Free School it is really a state funded private school that has the ability to set its own pay and conditions. You need to see these.