Employer telling me I will be self employed?!

starless38

Hello everyone
Don’t come here often but at a loss.
Had a job interview today during which I was advised if I was offered the position I would be ‘self employed’ and invoicing the company for my working hours each month.

I am not self employed, I don’t contract myself out to companies - I am just an individual who applied for a job with said company!

I’m so confused - I asked so presumably I’ll get no holiday or sick pay and you won’t pay towards my NI Contributions, I was told that was correct.... and I would obviously need to file a self assessment for tax purposes.

Can anyone advise me at all? Is this legal? Do I have any rights whatsoever? Also - should the company have advertised this in the job details on Indeed? It felt like a massive bomb to drop after such a promising interview!

Thanks in advance

PasturesNew

An employer doesn't get to decide if you're self employed... HMRC put down some "rules" to work out if you are.

There are many people who are already self-employed, with 2-3 clients, so they'd have been what he should've advertised for. To tell you at interview that the role is self employed is utter nonsense.

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

This isn't the "job" for you; this "employer" is just a chancer.

Unless you can find some way to bring him round and make him see he's wrong and you need to be employed, then there's no job for you - and, if he's looking for somebody to be "self employed" then he won't pick you and you won't pick him.

Good luck with the next one .... how bl00dy irritating for you!

Potbellypig

Have you got a link to the job details on the Indeed site? It looks like a contracting role, but can't say for sure until I see the advert.

starless38

Thanks so much for the fast reply and advice.

Felt totally dejected to be honest as the job itself is perfect, there was zero mention of this on the advert and I think my face probably said it all when I was told the self employed thing is very “flexible for all of us”.......

Wondered if I was being naive and if this was the done thing with some firms but it seems definitely not.

Thank you!

starless38

The ad has been removed now.

Definitely no mention of the role been a contractor role or ‘self employed’ - I wouldn’t have applied!

Grr!!!

PasturesNew

starless38 wrote: »

... “flexible for all of us”.......

That's kn0b speak shorthand for "I cannot be bothered with my legal obligations and all that malarky; I'm going to make everything up as I go along".

starless38

Agh! Makes me so cross that people like this exist!

Really hope some poor soul doesn’t get taken advantage of with this employer.

Masomnia

PasturesNew wrote: »

That's kn0b speak shorthand for "I cannot be bothered with my legal obligations and all that malarky; I'm going to make everything up as I go along".

Sounds like that's the most likely explanation.

It really depends on the role as to whether it is legal or not in this case, it would be the 'employer' taking the risk though.

ACG

General rule of thumb, if you are told where to be, when to be there and provided with the equipment - you are employed.

If you have no job, then this is probably better than nothing. If nothing else it fills your CV up and gives you some income whilst you find something better. But yes, from an employers point of view it is pretty scummy. They are probably also undercutting businesses who do things by the book so not only are they not paying their fair share, they are taking away from businesses who are.

CakeCrusader

I had a 'job' like this, I used it to springboard into something better and reported them to HMRC as the fee worked out at less then the minimum wage. HMRC took their side after they lied so I didn't get anywhere.



Just be careful. Self employed people have no employment rights so they can withdraw work with a moments notice, no right to sick pay etc and in some circumstances work out at less then the minimum wage. It's helpful for experience, but otherwise not so good.

Brynsam

What's the name of the company?