Was employed but now told I am self employed.

Lulu0110

My son was employed for over a year in London and was recently told by his employer that the is now self employed. As he didn't realise the implications he didn't get paid as he didn't put in an invoice. He is not self employed, he works for one company who tell him where to be and what shifts to work. He will now not get NI, holiday or sick pay. How can they get away with this?

Sandtree

When he first started did he have a contract of employment? Has he had PAYE payslips etc? What does he do?

Lulu0110

He has had paye and ni contributions added to his online gateway account so I assume yes to both. He works in central london as a kind of steward/helper/security in a well known large employment centre and tourist area.

Sandtree

Lulu0110 said:

He has had paye and ni contributions added to his online gateway account so I assume yes to both. He works in central london as a kind of steward/helper/security in a well known large employment centre and tourist area.

Added? NI is normally deducted... are you sure he wasn't going through an umbrella before?

You didn't answer about contract of employment?

Dazed_and_C0nfused

Sandtree said:

Lulu0110 said:

He has had paye and ni contributions added to his online gateway account so I assume yes to both. He works in central london as a kind of steward/helper/security in a well known large employment centre and tourist area.

Added? NI is normally deducted... are you sure he wasn't going through an umbrella before?

You didn't answer about contract of employment?

I think the op probably means they could see the Real Time Information payroll details on the sons Personal Tax Account

Lulu0110

Thats it, sorry to confuse. He was deducted these things but I am only surmising about the contract, assuming that he had one.

Sandtree

Dazed_and_C0nfused said:

Sandtree said:

Lulu0110 said:

He has had paye and ni contributions added to his online gateway account so I assume yes to both. He works in central london as a kind of steward/helper/security in a well known large employment centre and tourist area.

Added? NI is normally deducted... are you sure he wasn't going through an umbrella before?

You didn't answer about contract of employment?

I think the op probably means they could see the Real Time Information payroll details on the sons Personal Tax Account

Very possibly, was more thinking those going through umbrellas where an addition is made to cover Employers NI so there is an added number for NI before its subsequently removed

General_Grant

Lulu0110 said:

Thats it, sorry to confuse. He was deducted these things but I am only surmising about the contract, assuming that he had one.

By law he should have received written information about his employment at or before the time he began working for them.  It would not need to have been signed by him or the employer.  He needs to find this.  
The employer can't just announce that someone is self-employed.
(Well, actually they can because they have - but the fact of self-employment is not something which is simply a case of an organisation telling someone that that is the situation.)

Sandtree

General_Grant said:

(Well, actually they can because they have - but the fact of self-employment is not something which is simply a case of an organisation telling someone that that is the situation.)

Presumably they can't in this scenario however @general_grant if they were an employee to start with that employment would need to be appropriately terminated

[Deleted User]

Sandtree said:

Presumably they can't in this scenario however @general_grant if they were an employee to start with that employment would need to be appropriately terminated

Not if the employee is uninformed and/ or accepts the development.

@Lulu0110 this is a situation that should have been resisted at the outset and they should have collectively joined a trade union long ago (i'm guessing no-one has).

General_Grant

Sandtree said:

General_Grant said:

(Well, actually they can because they have - but the fact of self-employment is not something which is simply a case of an organisation telling someone that that is the situation.)

Presumably they can't in this scenario however @general_grant if they were an employee to start with that employment would need to be appropriately terminated

My saying "they can" is because "they have".  I wasn't suggesting it was correct to do so and you didn't quote what I had written before the quoted bracketed text that "The employer can't just announce  that someone is self-employed."