Notice advice

whizmeanshey

Hi all,

struggling here. I’ve been working for a business (just with owner no one else) and being paid weekly, in my contract it says 4 weeks notice, however; it seems I’m self employed but he’s never said that - I don’t get tax or national insurance deducted I’m very young so I don’t really understand it, I want to leave as it’s not working out for many reasons, do I have to legally give 4 weeks notice or can I just give one week? Doesn’t say anywhere in contract about self employed etc

Mark_d

I believe you are bound by the contract for employment law purposes, even if for tax purposes you are self employed.

Brie

Give your notice, take your last pay, report them to the HMRC as not having done payroll to standards required.  If you have an employment contract then you are employed, not self employed unless that is specifically stated in my opinion.  As a result they are obliged to pay your tax and NI to the government.  

Undervalued

whizmeanshey said:

Hi all,

struggling here. I’ve been working for a business (just with owner no one else) and being paid weekly, in my contract it says 4 weeks notice, however; it seems I’m self employed but he’s never said that - I don’t get tax or national insurance deducted I’m very young so I don’t really understand it, I want to leave as it’s not working out for many reasons, do I have to legally give 4 weeks notice or can I just give one week? Doesn’t say anywhere in contract about self employed etc

Pay interval and notice period are not in any way connected. It is a popular myth that they are (or maybe it was true at some point in the dim and distant past).

Whether you are self employed or an employee makes no difference to the notice you have to give.. If you have agreed 4 weeks notice, then four weeks it is.

DE_612183

If you are low paid there may not be any tax or NI to pay anyway...

FlorayG

You have to keep to the terms of your contract but them so does your employer - if you get payslips and have a contract of employment you are NOT self-employed. Self-employed people give an invoice to be paid for the work they do - then they pay their own income tax and NI. They would have a completely different type of contract.
Actually you can leave with no notice, but obviously then you won't get a good reference from them and they might take you to court for breach of contract - not likely if they have been scamming you all along - so you would be taking that risk