Urgent: Settlement Agreement

edited 30 November -1 at 1:00AM in Redundancy & Redundancy Planning
3 replies 1.5K views
needsomeadvice29needsomeadvice29 Forumite
2 Posts
edited 30 November -1 at 1:00AM in Redundancy & Redundancy Planning
I have worked from my own premises as a instructor/assessor for the local college for 12 years. During that time I have been paid an amount of money "per student". This accrued a "pot of money". Some of this money was paid directly into my bank account, as wages for "hours teaching" which wasn't accurate to my actual teaching hours (I was paid for far less hours than I actually worked, and when I queried it I was told "this is just the way we do it". As I couldn't afford to lose the work, I didn't argue). The rest of the money I invoiced for, which was considered "hire of facilities". The invoice documented the other "wages" as "less part time instructor fees".


During the past twelve years, up until September 2013, I have had a part time lecturer contract, staff appraisals, a staff pass, and staff development.


In March, I received a letter from HR stating that the agreement was no longer viable and the contract would end in July 2014. It stated that as I had over 2 years service, I would be entitled to statutory redundancy.


ALARM BELLS RANG!!!


I have been teaching for 27 hours a week. My "wages" equate to just 4 hours per week. I was concerned that my statutory redundancy would be based on 4 hours per week. I called a meeting with the college, and they confirmed that for the past twelve years I would be entitled to £385 statutory redundancy :-(


However, I have since kicked up a fuss as I have it writing from my head of department that students MUST be supervised/taught by a member of staff at all times (for insurance reasons is my guess), so this surely proves that I have been working for 27 hours per week?


They have since offered my a settlement agreement for a little more, nothing life changing, but obviously a figure to make me consider.


BUT!!!


They are now adamant that I WAS NEVER AN EMPLOYEE!!! This comes as a huge shock to me, and I think it is incorrect. Surely if I have had a contract of employment, been on payroll, had a staff appraisal and staff development, I was an employee? They had stated I was entitled to statutory redundancy in the March letter?! Do I have a claim here? The settlement agreement is still less than should have been offered to me if I had statutory redundancy for 27 hours per week.


I just want to be treated fairly, and I don't think I am being. Their new, vehement denial of me being an employee is raising suspicions. I can't really afford to lose the settlement offer, but I was wondering if anyone can see any claim in my case? This redundancy effects approximately 20 people in the same situation as myself.

Replies

  • Have you been receiving payslips and P60s ? If so then it is fairly easy to prove you are employed but it is unusual for employees to invoice for the work they do. Have the amounts you have been invoicing been appearing on payslips and having tax and NI deducted ?
  • I have had pay slips and P60 for the "4 hours a week wages". The amount I then invoiced for I paid NI and tax on through self assessment.
  • getmore4lessgetmore4less Forumite
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    YOu have plenty of evidence you were an employee.

    Looks like you may have enough evidence to show you were working as an employee for 27 hours.

    If you have other records of hours worked then that would help,

    thinks like did the college decide when your teaching supervission hours would be(eg:timetables) or did you set those and the student had to fit in etc.

    based on 4 hours 12 years thats £8ph does that sound about right, are you 42 or older?

    8ph and 27 hr 12 years £2592

    Another angle is that if you can show you were an employee working 27hr and they were only paying for 4 that would be below min wage and thhe back pay forthat could be substantial. HMRC mi ght decide all you other income should have been PAYE as well so there is Tax NI to worry about.

    I suspect an HMRC investigation on how and who thye employ would not go down well with them.

    onther thing is for term time what a "weeks" wage if may be different to the pay on the weeks you work.
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