Take over employed to self employed

stevio
stevio Posts: 59 Forumite
First Anniversary Name Dropper First Post Combo Breaker
in Redundancy & redundancy planning
Hi I work for a company at the moment and I am employed. Been there 10 years. We are getting taken over. But we will have to go self employed. Does the new company have to offer me redundantcy first?


Many thanks!
ps there probably will be a position for me with the new company.

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    stevio wrote: »
    Hi I work for a company at the moment and I am employed. Been there 10 years. We are getting taken over. But we will have to go self employed. Does the new company have to offer me redundantcy first?


    Many thanks!
    ps there probably will be a position for me with the new company.



    Stop.


    How can you be 'self employed' and have 'a position with the new company'.


    TUPE applies, you are entitled to the same conditions as your current employer.
  • stevio
    stevio Posts: 59 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    I work for a finance company as an employed person.
    Apparantly the new company who have bought us out

    only have self employed staff.



    So under the new deal I would carry on working in the same town/area but on a self employed basis and probabably on less commission.


    Do they have to offer me redundancy first?
  • Dazed_and_confused
    Dazed_and_confused Posts: 6,458 Forumite
    Uniform Washer
    What are "self employed staff"???
  • stevio
    stevio Posts: 59 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    What are "self employed staff"???



    Not sure what you mean, but instead of the company working out and paying my tax, I'll have to sort all that out now and also lose other benefits that come with being employed.



    At the moment I have a contract with company A on an employed basis.
    I will be on a self employed basis with company B.


    So should I be offered redundancy by one or the other?
    As far as I know my particular job is not coming to and end?



    Thanks!
  • JCS1
    JCS1 Posts: 5,286 Forumite
    Photogenic Name Dropper First Anniversary First Post
    Self employed staff don't exist, you are either staff or self employed, you can't be both.

    It's HMRC who decide if someone is employed or self employed, not a company.


    https://www.gov.uk/guidance/check-employment-status-for-tax
  • antrobus
    antrobus Posts: 17,386 Forumite
    I'd be using the info from this link.
    https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion
  • stevio
    stevio Posts: 59 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    Thanks!


    OK so I used the word staff for both. lol. But do they have to offer me redundancy or can they say there is a position for you and it's up to me to take it or leave it. If I leave it does that mean I leave without any redundancy pay?


    Cheers!
  • JCS1
    JCS1 Posts: 5,286 Forumite
    Photogenic Name Dropper First Anniversary First Post
    If self employed, you get no holiday pay, no sickness pay, you will need to invoice them in order to get payment, no employers NI or pension contribution, you'll need to keep accounts and do tax self assessment - and that's if you pass the test to be self employed which I suspect it wouldn't.

    If you are in a union, you really need to get them to take it up with the company.
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