Employment Status changed from Employed to Self-employed

Universal18

I have been doing the same driving job for the past six years, working for an employment agency under a temporary seasonal contract, which could last anywhere between eight and eleven months. They provide drivers for a very specific roll to another international company who themselves are an intermediary and carry out the day to day operations as required for the project.  Under the original contract I have always been classed as employed for tax purposes, and I worked a set 40 hours per week, 8 till 5, Monday to Friday, with an hour lunch break and received holiday pay.

However this year my employment agency has refused to tender for the contract, due to the draconian terms and conditions introduced by the operations company. And so a new employment agency has been appointed and they require drivers to be classed as self-employed, even though I will be doing exactly the same job as before. In addition, I will no longer be paid for the time taken to commute to and from the various locations, which could be up to an hour or more each way, potentially making 10 or even 12 hour days, but they would still only pay for 40 hours a week. They even require me to make up the lost time by working on a Saturday, and I will no longer receive holiday pay. There are other changes to the contract which I cannot mention here. The new company must have tendered a very low offer in order to win the contract, but then realised they will need to cut costs to make a profit.

I have used the .gov.uk  'Check employment status for tax' service and I came back as Employed, so I believe my new employment agency is breaking the law. This new agency is run from offices in Germany and Nigeria and they don't appear to have a care for the people they employ, and are only interested in using and then throwing them away. I don't want to lose my job, and if I confront them I will. So can someone tell me who I need to contact in order to change both the contract and my work status back to employed. 

Dazed_and_C0nfused

Universal18 said:

I have been doing the same driving job for the past six years, working for an employment agency under a temporary seasonal contract, which could last anywhere between eight and eleven months. They provide drivers for a very specific roll to another international company who themselves are an intermediary and carry out the day to day operations as required for the project.  Under the original contract I have always been classed as employed for tax purposes, and I worked a set 40 hours per week, 8 till 5, Monday to Friday, with an hour lunch break and received holiday pay.

However this year my employment agency has refused to tender for the contract, due to the draconian terms and conditions introduced by the operations company. And so a new employment agency has been appointed and they require drivers to be classed as self-employed, even though I will be doing exactly the same job as before. In addition, I will no longer be paid for the time taken to commute to and from the various locations, which could be up to an hour or more each way, potentially making 10 or even 12 hour days, but they would still only pay for 40 hours a week. They even require me to make up the lost time by working on a Saturday, and I will no longer receive holiday pay. There are other changes to the contract which I cannot mention here. The new company must have tendered a very low offer in order to win the contract, but then realised they will need to cut costs to make a profit.

I have used the .gov.uk  'Check employment status for tax' service and I came back as Employed, so I believe my new employment agency is breaking the law. This new agency is run from offices in Germany and Nigeria and they don't appear to have a care for the people they employ, and are only interested in using and then throwing them away. I don't want to lose my job, and if I confront them I will. So can someone tell me who I need to contact in order to change both the contract and my work status back to employed. 

Do you actually know that 🤔.

Have you seen the contract for someone they employ or are you basing that on the terms they want you to work under as a self employment individual?

Universal18

Hi Dazed and C0nfused. I have signed the contract, which I know means I have agreed to it, but I need this job and contracts can be changed or amended, especially if they are illegal.   

Universal18

Essentially, I am looking for a way to get the contract changed back to employed status in a way that causes the least hassle for everyone. I just need pointing in the right direction. Someone mentioned going to one of the tabloids, which seems a bit extreme, but it make take that to get these people to see sense. 

Grumpy_chap

Would the OP be able to engage with the new Agency via an Umbrella Company?
If so, how would take home pay vary compared to the old Agency?

Universal18

Grumpy_chap said:

Would the OP be able to engage with the new Agency via an Umbrella Company?
If so, how would take home pay vary compared to the old Agency?

The operations company would not allow that, this is about penny pinching and effectively scamming their workers.

BrassicWoman

Universal18 said:

Grumpy_chap said:

Would the OP be able to engage with the new Agency via an Umbrella Company?
If so, how would take home pay vary compared to the old Agency?

The operations company would not allow that, this is about penny pinching and effectively scamming their workers.

I really can't imagine they will care if your invoice is for the same amount. Making them do the IR35 assessment may in fact be the very tool required.

Universal18

How would I go about 'making them do the IR35 assessment.' This is a German employment agency, although the contract does state it is a company registered under UK laws, with its office located London. 

TELLIT01

Isn't this something that falls under the remit of HMRC?

BrassicWoman

Do it yourself (which you already have), send them the results, have a conversation.

https://www.gov.uk/guidance/check-employment-status-for-tax

Universal18

BrassicWoman said:

Do it yourself (which you already have), send them the results, have a conversation.

https://www.gov.uk/guidance/check-employment-status-for-tax

If I did send them the result, would I have protection against dismissal?