Sacked from 'self employed' role and sick pay...

CUFC172

First post here but I am in need of a bit of advice.

I was recently working on a self employed basis for an aircraft engineering company, though we did get 15 days paid holiday and I had to be in set times Monday to Friday to many tell me that I could argue I was actually fully employed at this place.

I was planning on leaving for a number of reasons, namely that the boss at this place was impossible to work with. He was a bully and treated me with utter disrespect, he clearly didn't like me for whatever reason.

He could sense that I didn't want to work there any longer so a few weeks ago as I came into work he pulled me into his office and sacked me. I was chuffed to bits in all honesty, I couldn't stand to even be around this bloke.

Now here is my issue. Nothing was written into our terms of employment regarding sickness or sick pay. However, everyone who worked there was paid sick pay, they told me this themselves. Over the winder I had about a week and a half off as a bug went around work with lots of the other blokes there going off ill.

My boss had to give me one month notice but he has deducted all the days I was off ill which amounts to just over 800 quid. When I questioned him about this he said there is no provision for sickness and each case is handled on its individual merits...

To me this reads as he didn't like me therefore he wasn't going to pay me.

Is there anything I can do as he clearly isn't going to budge on the matter?

Cheers in advance.

maninthestreet

You can't be sacked if you were self-employed.

CUFC172

Okay, my employment was terminated then.

Daisychains

Hi in regards to the money you can claim ESA (retrospective claim) for the days you were ill if you have a Dr note or if less than 7days you can self cert.

Not sure about how to handle your ex boss though, he sounds stubborn x

McKneff

Your employment cannot be terminated if you were self employed either.


You could be told your services were not required anymore.


You must establish whether you were self employed or not.

CUFC172

Thanks Daisy, I'll look into that. And yes, he was without doubt the nastiest person I have come across.

McKneff, from what I've been told by my accountant and others who know a bit about employment law and from what I've read online I think I could argue I was employed.

I worked set hours on set days (Mon-Fri) and jobs were given to me by the chief engineer to do. I couldn't do jobs as I pleased. I was also paid an hourly rate, which came to the same every month with any overtime given as TOIL. I worked at one location set by the employer. I was, in almost every respect, fully employed.

PlutoinCapricorn

Did you get more than an employee on PAYE doing the same work did? Self-employed people should get a higher rate to cover lack of holiday pay and gaps in work.

You may have been getting the worst of both worlds if you have not got an employee's benefits nor a self-employed person's freedom and higher pay.

Bluebirdman_of_Alcathays

From what you've said, you were employed.

It sounds to me like you need to speak to a solicitor.

CUFC172

PlutoinCapricorn wrote: »

Did you get more than an employee on PAYE doing the same work did? Self-employed people should get a higher rate to cover lack of holiday pay and gaps in work.

You may have been getting the worst of both worlds if you have not got an employee's benefits nor a self-employed person's freedom and higher pay.

I was earning £22,000 p/a as an aircraft engineer... That says it all. Terrible wage, terrible terms and conditions, terrible job.

Like you say I was definitely getting the worst of both worlds there.

Simon11

You say you had 1.5 weeks off on sick. On a salary of £22,000 that is £635. You state that you are due over £800?

CUFC172

He calculated 72 hours of absence. I had 8.5 days off as I had to leave work on the Friday half way through but I'm guessing he has taken the whole day off.