redundancy - Self Employed - Fixed Term Contract

MataNui

Another_not_new_user wrote: »

The test of employee status in employment law is quite specific and not the same one as used by HMRC - and can only be determined by an employment tribunal.

This is 100% true and is demonstrated on an almost daily basis. According to HMRC you can be either self employed or working as a limited company (as far as what you consider your employment status to be). BUT they will still be happy to take you to court over taxes as they claim you are an employee. Just google IR35 to see exactly how dangerous and stupid it is to be claiming that you are not sure of your true employment status.

I am not saying you are covered by IR 35 because as a sole trader you wont be. All i am saying is if you look at the history of IR35 and current enforcement you will see that HMRC are hitting the contractor sector very hard. If they ever got wind of this then you would be guaranteed at least an inquiry.

CanadianExpat

I'd like to join everyone else here in saying that the OP has got it wrong. From a tax perspective, at least, you were never self-employed.

In saying that you have a problem, though, we've all been assuming that you were not having income tax deducted as PAYE and that your employer was not paying Employer's National Insurance contributions. Is that the case? If you were going through their PAYE as a normal employee, you're probably OK.

London50

While I admit I have no understanding of this overall situation one question and the reply stands out to me

Did you have to ask to take leave or could you just tell them you'd be off?


A - The holiday arrangement was like any other member of staff for holidays.

Now if the answer is correct as stated by the OP IMO that means they were employed by the company be it as a worker/staff member for the holiday arrangement reply that was given. In that case the people that have stated about repayment of tax/IN would {I believe} be correct.