Started as a freelancer but then became an employee, what are my redundancy rights?

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? I believe I was classed as a worker during those few weeks of freelancing giving me the full two years I need, does anyone know if this s correct? TIA

JReacher1

Sounds like you were made an employee in September 2018 which is less than two years. If you were a freelancer before this I don’t believe that you are eligible for redundancy 

barbara2867

Thanks for your reply. Yes I was made an employee in September but my question is am I classed as a worker since June? There is a legal difference and I am hoping to drill down and get to the nitty gritty of it

JReacher1

Freelancer can mean several different things.  Were you officially on the payroll in June e.g. they paid your tax & NI and were accruing holidays?

Undervalued

barbara2867 said:

Thanks for your reply. Yes I was made an employee in September but my question is am I classed as a worker since June? There is a legal difference and I am hoping to drill down and get to the nitty gritty of it

Just possibly but this is a very complex area. It is even possible in some situations for HMRC to decide that somebody is an employee but for an employment tribunal to take the opposite view. Neither is binding on the other!

Even if, for redundancy purposes, you could claim to have been an employee for the "magic" two years that would only entitle you to a week's pay.

Is it worth the battle? Equally of course the employer may take that view and pay up if you initiate a claim, as they may feel it is not worth the hassle of fighting? Apart form any goodwill (do you need a reference?) you may feel there is little to lose by having a go.

sharpe106

You can raise a grievance if you want.  

With you saying no significant break how long a break was it as your idea of significant and the legal definition could be completely different. As a lot of companies make freelancers take a break so they don't acquire the rights of an employee.