Wrongly classed as self employed?

[jurph]

Hi All,

Member here for a while but this is a first post as I'm genuinely a bit stuck. Need some advice, if anyone can give some pointers.

My mum has worked for a small business for just over 6 years. They asked her to be self employed so it's easier for them (tax, NI etc).

Mum suggested in conversation she may leave the job soon due to other things going on. No written notice or firm dates given. Turns out she won't be leaving for a while now anyway.

The business started interviewing for the role. Mum has been told she will be paid the next month but not to turn up. No reason given other than they thought she was going to leave.

According to government websites she is technically employed, not self-employed (same place of work, set times etc).

Is there anything that can be done? Or is this just tough luck.

Thanks in advance.

[2 sMoKiN bArReLs]

Employment status is a matter of fact, not a matter of choice.

If she is an employee & they want to finish her not a lot of point fighting....but they will need to pay.

There are procedures they will need to go through, and judging by their approach so far they'll probably fall foul.

I guess she needs to have the "grown up" conversation.

[2 sMoKiN bArReLs]

Check out the ACAS website, loads of helpful stuff.

[megaphone]

6 years with the same company, technically they have been employing her and they should have set her up on PAYE years ago. Has she been paying her own tax and NI? Self assessment every year? Has she been getting paid holidays? If not she should have. Very naughty of the company not to have addressed this.

[jurph]

megaphone said:

6 years with the same company, technically they have been employing her and they should have set her up on PAYE years ago. Has she been paying her own tax and NI? Self assessment every year? Has she been getting paid holidays? If not she should have. Very naughty of the company not to have addressed this.

I believe self assessment etc has all been done, although level of income is quite low. No paid holidays.

Any idea where we could go from here (solicitor etc). Is there anything to gain? As you can imagine, carrying on trying to work there has suddenly become less appealing!!!

[Vaud]

2 sMoKiN bArReLs said:

Check out the ACAS website, loads of helpful stuff.

Call ACAS...

[Eric Mc]

2 sMoKiN bArReLs said:

Employment status is a matter of fact, not a matter of choice.

100% - all the time.

Ask any Uber driver.

[elanfan]

It's a real shame at Breadvan is fed up with some of the morons on here as this is a case where he'd rip the employer a new ahole.

[Eric Mc]

You may need to translate that comment into English.

[marcosgt]

Eric Mc said:

You may need to translate that comment into English.

I think he means that a former member called Breadvan was an employment lawyer and the employer here is on very shaky ground...

M

[2 sMoKiN bArReLs]

marcosgt said:

Eric Mc said:

You may need to translate that comment into English.

I think he means that a former member called Breadvan was an employment lawyer and the employer here is on very shaky ground...

M

what has it got to do with his bottom though?