Rights of the self employed

[divegirl]

Hi. I registered as self employed earlier this year (worse move ever, but that's a different story). Since I started my job my employer has, in the last few days implemented a new 'points and fines' system. No new contract has been issued so can he just do this?

Lisa x

[tonywiltshire]

Lisa, what you say is noted, I still do not think you will be classified as self-employed. The CAB has an employment check list which you may find useful to discover your employment status.

[divegirl]

Thank you all again...
My stress levels are through the roof right now, I spent all of my shift last night crying as I was fined around half my earnings [one missed search].
I may not be able to get them on the contract but I most certainly have to sort out my employment status.

Lisa x

[divegirl]

according to this I am a 'worker' neither an employee or self employed :0/

http://www.direct.gov...femployment/DG_183495

Aside from points 4 and 5, I answered yes. Still not sure where that leaves me though!
CAB it is!

Lisa x

[furrypusscat]

You certainly need to clarify your situation. Apart from paying your own tax/insurance, if you become ill whilst self employed you are very limited on what if anything you can claim, whereas as an employed person, your employer has to pay Statutory Sick Pay. You would also be entitled to Holiday Pay & (Maternity Pay if that applied) and be covered against Industrial injury.

[divegirl]

As far as I know, I would be entitled to nothing right now.

I had been out of work for some time and recovering from cancer when this job came up, I thought it was a dream come true, working from home, hours to suit blah blah blah....but now I see it was not.

The wages were excellent but now the boss has implemented so many new rules it's a joke. I have taken a pay drop to accommodate the new requirements but the new 'points and fine system takes the biscuit! I could have suffered it but now see that I need to sort out my own employment status and situation asap.
As I have said before, most of the others don't bother paying tax, so are not so affected :0/

Lisa x

[Tom Braider]

Oh dear! I'm sorry, Lisa, but the fact that you work exclusively from home using your own PC and broadband will probably make it impossible to put your employment status beyond doubt. And if it can't be proved that you're an employee, then you're pretty much helpless. I think the person you're working for is in breach of contract, but the only compensation you'd be likely to get for that breach would be limited to your lost earnings - and I guess you would not be given any more work. It's possible that you are entitled to the National Minimum Wage, even as a "worker", and some self-employed people are even entitled to paid holiday. But I'm very much afraid that you will find it impossible to get anything out of your "employer" that he doesn't want to give you.

[divegirl]

Thank you for an honest reply.
Are you saying that, in your opinion I am self employed? And if you are a would imagine that I don't have a leg to stand on concerning the new 'point and fine' regime.

Lisa x

[EDDIE51]

Apart from the empolyment status I think this 'points & fine' system is totally illegal. Get on to the CAB urgently.

[thugulike]

For you to be an employee there has to be 'mutuality of obligation' which is, they have to give you work and you have to take it. Go to CAB and inform HMRC