Fake Self Employed

ninjabruva

Hi. i have a question on my employment status / situation. I am a Martial Arts Coach and i work regularly 32 hours per week. It is currently my only work. When i joined they told me i would be paid on a self employed basis. I get just above minimum wage but have to sort my own tax and NI out. I dont get paid for time off and have to ok any time off with the boss, im told what to do in my job, what my hours are(same every week). I feel like im treated like an employed person but get paid self employed. Is this right?

DCFC79

No its not right.

You cant be half and half, your either self employed or not.

Masomnia

A lot of the time these are quite complicated cases, and challenging it is not straightforward.

I'd be surprised if a tribunal found you were self-employed based on what you've told us. I would say it's even more likely you would at the very least be classed as a 'worker' and entitled to holiday pay.

Textbook case of them not wanting to pay tax and NI plus the rest for you imho.

ninjabruva

Thanks for your quick replies. It doesn't feel right at all. I'm not sure what my next move should be?

dacouch

Give them the chop

McKneff

The karate one of course

xapprenticex

^ yeah we got the joke m8

Undervalued

ninjabruva wrote: »

Thanks for your quick replies. It doesn't feel right at all. I'm not sure what my next move should be?

Unless you have been there more than two years or have very good reason to believe they desperately need to retain your services then I suggest you keep your head down. If you leave then, as others have said, you could almost certainly bring a claim for holiday pay etc.

Yes, I know in theory the two qualifying period for unfair dismissal doesn't apply if they were to dismiss you for asserting a statutory right, but it is another hurdle to climb.

trailingspouse

If you are really self-employed then the two year thing is irrelevant. If I've been using my plumber regularly for 10 years then decide to use another plumber, there's nothing he can do about it.

Could you become an actual self-employed martial arts coach? This could even be done in addition to the work you are currently doing, as if you are truly self-employed (as your 'employers' say you are), then they can't stop you working for other people as well. In the same way that I can't stop my plumber going and plumbing for someone else.

Undervalued

trailingspouse wrote: »

If you are really self-employed then the two year thing is irrelevant. If I've been using my plumber regularly for 10 years then decide to use another plumber, there's nothing he can do about it.

Could you become an actual self-employed martial arts coach? This could even be done in addition to the work you are currently doing, as if you are truly self-employed (as your 'employers' say you are), then they can't stop you working for other people as well. In the same way that I can't stop my plumber going and plumbing for someone else.

If, then of course it is irrelevant. However the whole point of this thread is that the OP is questioning whether they are actually an employee.

32 hours per week for the same "employer" alone points very strongly to an employment situation. Yes, there are other factors in the equation but they would need to be pretty strong to tip the balance the other way.

Skint_yet_Again

try this might help


https://www.gov.uk/employment-status/selfemployed-contractor