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Am I an employee rather than a contractor ?

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    Am I an employee rather than a contractor ?

    In 2017 a large production company approached me to work for them for 6 months in return for a fixed sum payable over the term - I work from home, occasionally being summoned to meetings in London

    They do not pay income tax, national insurance, holiday pay or pension contributions. They will pay any expenses I incur ie stationery.

    I do not run a company but they expect me to give them invoices, I declare the income on my annual tax returns

    They offered me this position as they knew I had managerial experience in this field years previously prior to taking a sabbatical to look after my dying father

    I worked for them in 2017 and 2018 (June to December).

    At the outset in 2017 they sent me a Letter of Engagement which detailed what they wanted from me and what they would reimburse in return.

    I signed this and they rolled it over again in 2018 and again in January 2019.

    However it has now been brought to my attention that the hours I have to work see me reimbursed at considerably less than minimum wage if I were an employee.

    Prior to my fathers death I had not worried about this, but now I am married, I realise I am being abused by this company. They have not been prepared to increase the amount paid from the outset.

    They refer to the agreement between us as their "Letter of Engagement" to myself.

    There are no dispute or break clauses within. I question whether I should have had some form of contract as opposed to this letter.

    I now question the legality of them legally enforcing this document as it is not a Contract of Employment which surely they should have issued to me because they are dictating to myself when work has to be completed by - my subsequent enquiries
    have suggested that Letters of Engagement are infact what companies use to prospective clients NOT workers / self employed people working for them.

    I am looking for advice as to how to proceed, as I have identified that they are reimbursing me at less than 25 percent of what it would cost if they went out into the marketplace to recruit an employee, as particularly in the last 3 months of the period it is literally 80 hours of week intensive each week. With my husbands health failing, I do not feel agreeable to working such intensive hours for a company like this anymore.

    #2
    Drop to a more normal 37.5 hours per week and maybe you'll be raking it in?

    Comment


      #3
      You really need a solicitor that seals with employment law to have a look. Ring round a couple and see if they will give you a first free consultation so you clat least get a good idea where you are before you start spending money.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        For a fixed sum it is completely unacceptable for you to be working 80 hours a week.

        I would advise doing what you can in 37.5 or maybe 40 hours and no more. Keep a diary. If they don't pay then simply take them to court.

        The diary is important so you can outline what you did and in what time frame. This provides proof of them being unreasonable.
        I'm alright Jack

        Comment


          #5
          Originally posted by Lesley1965 View Post
          In 2017 a large production company approached me to work for them for 6 months in return for a fixed sum payable over the term - I work from home, occasionally being summoned to meetings in London

          They do not pay income tax, national insurance, holiday pay or pension contributions. They will pay any expenses I incur ie stationery.

          I do not run a company but they expect me to give them invoices, I declare the income on my annual tax returns

          They offered me this position as they knew I had managerial experience in this field years previously prior to taking a sabbatical to look after my dying father

          I worked for them in 2017 and 2018 (June to December).

          At the outset in 2017 they sent me a Letter of Engagement which detailed what they wanted from me and what they would reimburse in return.

          I signed this and they rolled it over again in 2018 and again in January 2019.

          However it has now been brought to my attention that the hours I have to work see me reimbursed at considerably less than minimum wage if I were an employee.

          Prior to my fathers death I had not worried about this, but now I am married, I realise I am being abused by this company. They have not been prepared to increase the amount paid from the outset.

          They refer to the agreement between us as their "Letter of Engagement" to myself.

          There are no dispute or break clauses within. I question whether I should have had some form of contract as opposed to this letter.

          I now question the legality of them legally enforcing this document as it is not a Contract of Employment which surely they should have issued to me because they are dictating to myself when work has to be completed by - my subsequent enquiries
          have suggested that Letters of Engagement are infact what companies use to prospective clients NOT workers / self employed people working for them.

          I am looking for advice as to how to proceed, as I have identified that they are reimbursing me at less than 25 percent of what it would cost if they went out into the marketplace to recruit an employee, as particularly in the last 3 months of the period it is literally 80 hours of week intensive each week. With my husbands health failing, I do not feel agreeable to working such intensive hours for a company like this anymore.
          Sounds a sorry tale, to be sure.

          With everyone's health around you failing, could I suggest;

          1. Immediately dropping your weekly hours to 40.
          2. Not going into battle with this company for the past issues, and just find another job.

          This last said with of course, no idea how easy it might be to find work in your area / field / etc.

          Best of luck.

          Comment

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