Boss can’t use me as self employed?

EnPointe

Rakushun said:

Hi all,

I’m self employed and negotiating a role with a company I’ve previously worked SE sessional for. I’ll be working on the books part time.

The question comes from them telling me that I can’t work them and do SE work (invoice them), though they don’t do paid overtime, and will still use sessional workers for tasks their staff don’t deliver.

 They said it would be against the law, so if it is correct I would like to know what law they are referring to, and if not, knowing would mean I would be able to point them in the right direction.

 Does anyone know the answer?

 Thanks,
 Rakushun

as a part time worker you  won;t  get overtime until you work  the same  hours in the pay period  as a full time worker  unless a specific arrangement is put in place to pay a bonus rate for extra hours 

 this is why in many settings  part timers doing 'extra hours'  is    seen as the lowest cost  option  for the organisation to flex up cover / provision 

Rakushun

sheramber said:

Would you only be doing the ‘self employed’ work for you employer or would you have other clients as well?

If only working for them then it is likely to classed as employed.

Any reason why they cannot employ you for the seasonal work on the days you would not be employed by them otherwise?

Thanks for the reply.

I invoice multiple clients for self employed sessional events; they are not a regular fixed date thing and the new employer for my 3 employed days would not need those services weekly which is why they hire self employed qualified people to do a session occasionally, there would not be enough work with one company for it to become a day job that I could be employed for by that one company.

Rakushun

Occasional events are covered by hiring a self employed sessional person who is qualified and insured to run those events. They events happen infrequently with each business I supply my services to as a self employed person so I have multiple customers.

The role I am going for part time is not the same as my self employed work. They would still need to hire self employed people for delivering occasional events.

Question is what law stops me continuing occasionally doing events for them (self employed) as I have before being employed by them to do a different role (not those events)?

Elliott.T123

Rakushun said:

Occasional events are covered by hiring a self employed sessional person who is qualified and insured to run those events. They events happen infrequently with each business I supply my services to as a self employed person so I have multiple customers.

The role I am going for part time is not the same as my self employed work. They would still need to hire self employed people for delivering occasional events.

Question is what law stops me continuing occasionally doing events for them (self employed) as I have before being employed by them to do a different role (not those events)?

I am not an employment lawyer but I am certain there is not a law stopping you. The company have given this as an answer to fob you off. Either its too much paperwork for them or they have found someone else they would rather use and felt that was an easy answer to tell you.

Most likely answer is that they feel the risk of things getting complicated is too high to take and so will use other contractors. If HMRC audit them they could easily ask for a lot of extra proof around your situation and the company do not want to risk this extra work.