False self employment, no minimum wage and dodgy goings on.

CakeCrusader

Hiya.

Please don't eat me (and I'm sorry if this is in the wrong place)

I've reported a company that I used to work for to HMRC for not paying me the minimum wage after they claimed that I was self employed when I wasn't (I had no choice of hours, I wasn't able to substitute etc), and they paid me less than the minimum wage (and no holiday pay/pension/sick pay). I was registered with HMRC anyway and filled tax returns, so I did everything above board. They did no health and safety assessments and I wasn't given a contract but I asked. To be honest, I was just really relieved to get a job and I trusted that they knew what they were doing as they've been running for 15 years so I didn't dig too much. I originally worked from home for their parent company, and was given additional work with their subsidiary after 12 months, but I was paid half the amount (it worked out at £4.44 an hour) as they said it was quieter. The hours were longer, 13.5 hours a day, and even though I worked from home, I couldn't leave the house as I needed to keep checking in. I worked without a break as there wasn't anyone to take over, but they said that I could take a break at any time, so I'm not sure if this counts? A few months later the parent company cancelled my contract as they said that they needed to train their new freelancers so couldn't afford to pay me. I found another job, but I carried on working for the subsidiary up until the start of last year (so I was working 7 days a week). I stopped working for them after 2 members of staff returned from Maternity leave and they said they couldn't afford me. They asked me to return a few months later, and I was going to try to negotiate a better deal so I asked for a contract.

Very shortly after giving me the contract they again cancelled my contract as they decided to replace me with a paid intern (I earned far less then they were planning on paying the intern). I hadn't signed it so went through it and I called HMRC to check my employment status, and they confirmed that I wasn't self employed at all and I was employed. I spent the next few months working with ACAS to try to get the arrears and the holiday pay but I've had no joy. I can't afford an employment tribunal so I've reported them to HMRC's minimum wage unit, who are looking into it. If they agree that I was employed or a worker, they will try to get the arrears. I was planning on taking them to the small claims court for the holiday pay once HMRC have confirmed that I was a worker/employed as I can backdate this for 6 years, I think?

Anyway. I invoiced the subsidiary, but I was paid by the parent company. Both have different company numbers, but both companies are run by the same people and operate from the same office. They move staff in between the two companies. I've been trying to find information to work out if the parent company should have paid me on behalf of the subsidiary. I'm just wondering how legal this is considering their sneaky behaviour? I'm not baying for blood, but I am annoyed. They exploit their staff so I'm wondering if there's anything that I've missed, and I want to make sure that the other freelancers are looked after? Can I do anything about the lack of breaks? Lack of health and safety? If anyone can help, I'd be grateful.

Thank you.