Freelance to employed and redundancy

barbara2867

Hi all, interesting times! I started with my firm as a freelancer and was made an employee within a couple of months with no significant break between end and start dates. My HR record has always shown my start date as 19 June 2018 (freelance), however having been advised last week that half of the workforce, including me, are going to be made redundant and none of the jobs that will remain after the cull will be suitable for me anyway, I have advised HR that I wont/ cant apply for any of them. Following this, I went onto my HR page and miraculously my start date has changed to 01 Sept 2018 (employee) giving me 1yr 9m service rather than 2yrs, thereby excluding me from qualifying for redundancy pay. I do have a screenshot of the page as it was previously showing the start date as 19th June. My question is, can I raise a grievance to get the redundancy pay I feel I am owed? They obviously don't want to pay it, but I helped them out with a few sticky situations over the past two years and I feel I deserve it. What's the legal standpoint? TIA

Jonesy1977

Your start date as an employee was 1st Sep because you were freelance before this, therefore I’m afraid it looks like the record has been updated to reflect the correct timeline. Sorry to hear about the redundancy, I hope you find something soon!

barbara2867

Thank you for your good wishes! :-D  however my understanding is that I was classed as a worker during those ten weeks or so of freelancing and therefore have redundancy rights for that period as well; this is what I am hoping someone can clarify for me. I will be calling ACAS as soon as I can to try and get some clarity on my situation but just wondered if anyone else had been in a similar situation and could shed some light

Grumpy_chap

It is likely that the correct start date is 1st Sept.  There are circumstances where a transfer from freelance to staff can be deemed as continuous, but that is normally stated at the outset.  Have you read your contract of employment?  It will normally state a start date.

It also sounds like you went in "all guns blazing" for some reason.  I know it is not enjoyable in any way, but the redundancy process of consultation is all a bit of a game that has to be played correctly to secure a favourable outcome and settlement.  You may think none of the jobs will be suitable and the employer may know that none are, but they have to offer them to you and you have to show that you have considered the roles and made every effort to secure a role and otherwise you can be seen to have made yourself voluntarily unemployed.
This:

barbara2867 said:

I have advised HR that I wont/ cant apply for any of them. 

is likely to have right got their back up and lost you any favours.

barbara2867

Thanks for your reply, that is me trying to be brief when explaining the situation, not in consideration of the roles offered. I don't actually mind whether I stay or go, although I genuinely couldn't pick up any of the roles offered for various reasons. What I need clarification of is worker's rights rather than employee's rights or freelancer's lack of rights, but I cannot seem to find any clear answers and I thought other people's anecdotes might be quite helpful

Semple

It'll be a tricky one. I assume your contract doesn't have an official start date as you'd have probably mentioned that already? 
Do you have any emails or a letter from when you were offered a permanent role? - and if it mentions at what point that takes effect. 

The challenge you have here is proving when your freelance employment finished, and your permanent employment started.

I am confused though, you say your freelance start date was 18th June? So you're still not technically passed the 2 years even when including your freelance employment. 

Grumpy_chap

What is the start date stated on your contract of employment?  Or on your offer letter?

barbara2867

Thanks for your reply.
All the contract paperwork for both freelance period and employed period is coming to me tomorrow so I can go through it properly.
My freelance start date was 19th June 2018 so two years as of next week. I haven't been given my final date with the company yet but it looks like I will finish my notice period around the middle of July

Grumpy_chap

You must have had the contract of employment before.

barbara2867

Yes, but the hard copies are in storage - long story! I wont get them until tomorrow so can have a good look through it all then

Grumpy_chap

Good luck finding the answer.