I worked for a company on a self-employed basis but was forced to become an employee on a P46 by the company, based on their accountant's questionable advice. There is no salary, we are paid per job. I was loyal and worked solely for this company for 18 months. I have had no work from them in 3 weeks, no email, no calls and no texts. Neither will the company answer my calls or emails until today, where I find out they are dropping me without notice. Can they do that if I am nominally an employee instead of self-employed? Am I an employee if I am on a P46? What are my rights, do I have any, where do I stand, and do I have any recourse? Obviously, waiting for them to do the decent thing and contact me has meant three weeks without work OR INCOME. What can I do?
2007-02-28 06:03:17 · 5 answers · asked by Ash 1 in Politics & Government ➔ Law & Ethics
Do you know why the accountant said you are to be treated as an employee? If it is for purposes of National Insurance then it is possible that the law may still class you as self employed for purposes of employment rights.
A P46 is a form for you to pay national insurance and income tax as a new worker. In my opinion it sounds like they have been told by the accountant that they should be paying employer national insurance contributions and so instead of employing you as a direct employee instead they have taken you on as a casual worker, which would mean that you would not have full employment rights and that they can ask you to work as and when they wish in order to get around the national insurance issue.
In these circumstances the only way it seems that you would be able to claim unfair dismissal is if you are able to prove that you should have been classed as an employee due to the closeness of the relationship of your self and the company, you need to be able to domonstrate that you were in effect an employee for the time previous otherwise you will not have sufficient length of service or the correct type of employment relationship to be able to claim unfair dismissal. as others have mentioned go to the CAB.
2007-03-01 11:47:06 · answer #1 · answered by plastic paddy 2 · 0⤊ 0⤋
You have been treated as an employee, so you do have rights. (I don't understand everyone's desire to be self employed - as an employee you have much more protection.)
Has your employer given you written terms and conditions of your employment - they should have done this by law within 13 weeks of taking you on. The written terms will give your hours - if you are on a zero hours contract then they don't have to give you any work in any one week. Any written terms would also show a notice period. Sadly, you are not entitled to redundancy pay until you have been with the company for 2 years.
You must ring the company asap and ask for your P45 - you will need this to sign on, which you should also do asap as if you delay your claim you will lose out.
My advice is to go and see the CAB asap - its free and impartial. Take any written evidence with you that you may have - letters, contracts, etc. This company sounds a bit shoddy to me.
2007-02-28 06:25:35 · answer #2 · answered by fengirl2 7 · 0⤊ 0⤋
Employee rights vary from place to place; check with your State Unemployment office. In some states, they must give you notice.
Also, you could file a claim in small-claims court, based on the fact that they caused you to lose income while you waited for the news that you were released. You don't need an attorney to do this - just fill out the forms and pay a small filing fee.
I wouldn't hire an attorney for this one, as fees would eat up any return.
Good luck!
2007-02-28 06:13:16 · answer #3 · answered by Terri J 7 · 0⤊ 0⤋
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2016-12-14 07:34:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You might have a claim for constructive dismissal. See an employment specialist as soon as you are able.
2007-02-28 07:41:29 · answer #5 · answered by stephen.oneill 4 · 0⤊ 0⤋