Self Employed - Do I have any rights?

[hoover0809]

I have lost my job after 6 years of helping to build my friends business (not a friend anymore!) I was on the books for the first 3 years but for the previous 3 years I have been self employed - I pay my own tax and NI - I got paid weekly into my bank account and have always had paid holidays. I was also given a fuel card for my car.
Another employee (not self employed) took it upon himself not to act by my instruction (I was a Manager) and by doing what he wanted it has cost me my job - I feel I have been used as a scape goat. This other employee also put my name to something without my permission.
I was told by my boss I have to let you go, I contacted him for a reference - which contradicts itself and also ends by saying due to a rash decision on my part he had no other option that to terminate my employment.

My Question is can I take him to a tribunal for unfair dismissal ( I have had no opportunity to clear my name) ive been to CAB who say because I am self employed I have no rights - My old boss is rather smug by this im sure he would of already had legal advice.


Be extremely grateful if anyone can help!

[tamborine]

SE usually submit a bill/account for services rendered; not receive a salary. Read below and confirm whether you are SE.

http://www.hmrc.gov.u...nt-status/index.htm#1

[hoover0809]

Thank you so much for that - looks like I was an employee - any ideas where I go from here?

[tamborine]

Go to the Citizens Advice Bureau....they assess your case & advise if its worthy of a tribunal - free. If they decide in your favour, they prepare the admin & inform your former employer/partner.......this action jolts & sometimes an 'out of court' settlement is offered. Must be done within 3months of leaving work.

Be prepared with a cost claim (lots-a-dosh) to settle on - good luck.

[dothawkes31]

He is not allowed in employment law to give a negative reference either, you can take it further if he refuses to retract that.

[bathtub]

CAB in my experience are well-meaning but often not very clued-up or effective. My advice is cut to the chase and get a solicitor who specialises in employment/contract law.

You should also go through the process of claiming benefit and explaining the full circumstances of your employment status and your dismissal to the Department of Work and Pensions. If Mr Smug is guilty of a breach of employment law (sounds like he may well be) they and Revenue and Customs may come down on him like a ton of bricks.

Employers who seem very sure of themselves are generally full of the proverbial. I doubt yours has taken legal advice: my guess is he thinks he's above the law or can make it up as he goes along.

Go for it, and show him just how wrong he is!

[tamborine]

CAB site for tribunals - a lot can be done online. DIY - it's quite simple & cheaper.

http://www.direct.gov...tribunals/DG_10028122

[hoover0809]

I really apprieate your help, im still confused as to whether I have a case as I have been told by a solicitor today that as I am self employed I do not have a case. I never realised how much hassle it causes when you are told you no longer have a job. My old boss is refusing to give me any info as to why he feels I rushed into a decsion ( still don't really know what that decsion was!) and as far as he is concerned he is "drawing a line " underneath it and "part ways" and refusing to give me a good reference. Im so angry