Am I being screwed over by 'employer'?

eharveyart

So here goes...

I started working as an unpaid intern in my job in Aug 2014.

After 3 months the boss said I was doing well and decided to 'hire me'. I work in the creative industry and was told that I would have to invoice him every month. So technically I was a freelancer?

Its now April 2016 and Im here still invoicing every month for him to pay me.

Its an awkward situation because I am Self Employed and I pay my own Tax and NI. However I work set hours Mon-Fri 9.30am-6pm in his studio. Im not allowed to work for anyone else.

Im happy to be Self Employed for my boss but I would like to set my own hours and potentially work for other studios on the side.

Am I being unreasonable? Should I demand to be on PAYE if I work like an employee?

He actually told me that by being self employed I save him money...

Thanks!!

Guest101

You're a freelancer you can do as you like. What do you do about time off and annual leave for example?


You do save him money as you get no paid annual leave, no pension contributions, no anything.


ultimately though, you cant force him to hire you.


With all that said: it does sound like you're an employee and HMRC may come down on both of you

eharveyart

Thanks so much for replying.

I have to ask for time off however I do get paid a set amount each month even if I do have a day off.

I dont invoice him per day I just invoice a set amount a month.

I understand I cant force him to hire me, but do I have the right to work for others? I think thats my biggest issue. I was offered work at another studio but was told I couldnt do it by my current boss.

Guest101

In essence - he can just stop giving you work.


However to me it sounds like you are an employee, just not on paper. Hopefully someone with more knowledge can advise you, but it certainly screams dodgy.

bargainbetty

If you are working for a set amount per month and are allowed to take personal leave within that and are prohibited for working elsewhere then you are an employee, and the HMRC will be very interested to know where his share of your contributions have gone. Even if you are invoicing him, he could be held liable for it all as your working pattern is that of an employee and not a freelancer.


Yes, you save him money by doing all the work of HMRC for him and avoiding everything he would have to pay for you.


He cannot stop you working for someone else if he hasn't given you a contract of employment. He may decide not to have you work for him anymore, but he can't actually stop you taking the work.


Personally, I'd be tempted to ask the other studio if they have a full time role and go to work elsewhere.

eharveyart

bargainbetty wrote: »

If you are working for a set amount per month and are allowed to take personal leave within that and are prohibited for working elsewhere then you are an employee, and the HMRC will be very interested to know where his share of your contributions have gone. Even if you are invoicing him, he could be held liable for it all as your working pattern is that of an employee and not a freelancer.


Yes, you save him money by doing all the work of HMRC for him and avoiding everything he would have to pay for you.


He cannot stop you working for someone else if he hasn't given you a contract of employment. He may decide not to have you work for him anymore, but he can't actually stop you taking the work.


Personally, I'd be tempted to ask the other studio if they have a full time role and go to work elsewhere.

Thanks for your help

Its very awkward as we have a good relationship with him as the business is very small. I run the day to day activities of the studio for him and I know he would struggle if I left.

Guest101

eharveyart wrote: »

Thanks for your help

Its very awkward as we have a good relationship with him as the business is very small. I run the day to day activities of the studio for him and I know he would struggle if I left.

He'll struggle more when HMRC issue a winding up order?

Swampey

My thoughts

If your freelance call it self employed, you can variably work for who ever and when ever you want. A company can hire you under there terms but when you had completed the probationary period of 3 months and was offer continued work, at that point you should have stuck to your guns, and advised him of the hrs your prepared to work and the hourly cost of that, plus the fact you want to freelance to others...

Time me thinks you need to have a recorded consultation with him in which
Either he offers you full time employment or you continue to freelance under new terms, failing that start looking else where... Thing is to find out hour much an employed person would earn doing the same hrs and then compare...if its the same then in fact its less after you pay tax and NI

The phrase your saving him money... simply points out the fact he doesn't have to pay for your paid holidays, sickness cover, pensions etc etc

bod1467

Have you set yourself up as a limited company?

eharveyart

bod1467 wrote: »

Have you set yourself up as a limited company?

No I havent done.

[Deleted User]

https://www.gov.uk/employment-status/overview

You sound like an employee according to this