Can a Self-Employed Person Claim Unfair Dismissal?

Andrea2528

Hi,

I'd like to know if it's possible for a self-employed person to claim for Unfair Dismissal? Can someone post a reliable answer please, as my partner is very concerned that he is not earning any income.

Thanks.

dmg24

Hi Andrea,

Firstly, is he definitely self employed (as opposed to being employed)? There is information on the HMRC website that will help you decide.

If he is self employed, then he would need to claim against the client for breach of contract (via the small claims court, depending on the value of the breach), if they break the contract without good reason.

Angiep_2

I would say no. If he is self employed he is responsible for his own employment. If he was subcontracting to someone/a company and they are not giving him any work he should find some work elsewhere as unless he signed some kind of contract with them where they guaranteed a certain amount of work then they are not obliged.

Conor_3

Andrea2528 wrote: »

Hi,

I'd like to know if it's possible for a self-employed person to claim for Unfair Dismissal? Can someone post a reliable answer please, as my partner is very concerned that he is not earning any income.

Thanks.

Of course he can't. He works for himself. The very definition of being self employed is that if there's no work, you get no income.

You cannot be unfairly dismissed because you don't work for the company. One of the downsides of being self employed is that you can be dropped just like that and you have non of the protection an employee would.

Zazen999

I was going to say 'in what context', but the other responses have sufficed.

Who would write the letter, and if he was to go to a tribunal; presumably he would be claiming against himself.

bargepole

A self-employed person who sells goods or services for another firm, is usually covered by the Commercial Agents (Council Directive) Regulations 1993.

If the principal (ie the firm whose goods are being sold) breaches the terms of the contract, the agent can take them to a civil court to claim compensation, usually up to two years' worth of expected revenue.

However, you would have to examine the contract to see whether it contains any guarantee of a particular level of work; most do not.

apples1

Andrea2528 wrote: »

Hi,

I'd like to know if it's possible for a self-employed person to claim for Unfair Dismissal? Can someone post a reliable answer please, as my partner is very concerned that he is not earning any income.

Thanks.

If he is self employed then who dismissed him? Nobody can dismiss you (fairly or unfairly!) if they don't employ you.