Worker or employee rights ?!

[northernladuk]

Hi all

I wondered if you could help me with some advice.

For the last 3 years I have been self employed contractor to a company, the contract between us is with my limited company and them. However I have been working 5 days a week on a set monthly payment until recently after lock down when I decided to go part time.

Self employed contractor through a limited company? Understanding what you are first would be a good idea.

Decided to go part time? Decided with the client? Documented in a change to the contract?

Even though I was self employed I am not sure if really I should have been an employee as I had to go to meetings, had directive emails, was involved in hiring, called to conference calls etc .

No you weren't. The rest again shows you have little understanding of what you are. Had to go to meeting makes you an employee?? Honestly?? Talk about looking at an outcome and trying to bend the truth to reach that outcome.

The problem arises now that I am pregnant they do not know yet but I am concerned that they will try and end my contract when they do find out since the job involves a lot of travelling which wouldn’t really be possible with a baby! I am also worried because I went part time I have lost any rights I may have had?! Do I even have any rights ?!

No you don't. You are unable to carry out the deliverables of the contract so it's unlikely your services will be retained. You didn't have any rights. Again, complete lack of understanding of how you work if you think full time and part time make a difference in the rights you never had.

That said I don't think it's a given they'll end it. If you are good at what you do and it's going to be more inconvenient to find someone they could possible quite understanding. They let you go part time after all. Speak to them and see what you can come up with. Go in with a plan though. Tell them what you will be able to do over the next 9 months to a year and how it won't affect your delivery of their targets. Don't go in look to them for an answer as it's likey to be goodbye.

I welcome any advice , thoughts or suggestions! Thank you .

Understand the basics of what you are, what you do and how it works. It's your job and income we are talking about. Potentially 100's of k a year of income. Understanding the basics isn't a big ask. If you can't get this how can you deal with changes such as this and the IR35 changes etc.

I'll get berated for being harsh but there are my thoughts and suggestions.

[northernladuk]

P.S. If you've been there three years and think going to meetings makes you an employee, what do you know about IR35? It sounds like you've got another issue going on here. If you have to leave well before the April changes it sounds like it could be a blessing in disguise for you.

[fullyautomatix]

Congratulations on baby!
Quite understandably you are worried about your work and income at this stage. Were you expecting the company to deal with this situation like a normal employee, as in, take a few months off with maternity pay, then come back after a few months and resume working ?
If this company really values your contribution and wants to retain your services, they might give you a few months off, but with no pay, you will have to manage on your own. Does your Ltd company have funds to support you through all this ?
However, the bigger issue is, your work involves traveling ? This might be impossible for a few years at least, so your current role might as well be a non starter for you. It might be a good idea to start looking for a permie role that is closer to home and has zero travel.

Best of luck!

[northernladuk]

So it's with the OP to clarify the facts of the engagement and answer some the questions posed before we can continue I suppose.

[Purple41]

Thanks for all your replies !!

It’s quite a long story but I have had limited company myself for 10 years and basically I approached some investors with a business plan I suppose Dragon Den style. I was young and niave and ended up with a tiny share and a contract that said that said I could work for them self employed which I’ve done for 3.5 years . They wanted to buy my original company off me but I refused so I still have that and I’m pleased I do.

Silly I know ! If I lose my contract with them I also lose my sweet shares !

I’ve just felt really trapped by the whole thing and before anyone says it again I know I should have taken legal advice at the time but it was a case of me having wide eyed excitement and no money for a lawyer!

[northernladuk]

Thanks for all your replies !!

It’s quite a long story but I have had limited company myself for 10 years and basically I approached some investors with a business plan I suppose Dragon Den style. I was young and niave and ended up with a tiny share and a contract that said that said I could work for them self employed which I’ve done for 3.5 years . They wanted to buy my original company off me but I refused so I still have that and I’m pleased I do.

Silly I know ! If I lose my contract with them I also lose my sweet shares !

I’ve just felt really trapped by the whole thing and before anyone says it again I know I should have taken legal advice at the time but it was a case of me having wide eyed excitement and no money for a lawyer!

What a mess. So the next step is to get proper legal advice in to what your current situation is. It's not clear what you really are and what your legal situation is in all of this. For example, I can't see why you would lose your shares if you lose your contract though. Work and shares are not linked. I have shares in loads of companies I don't work for. Or have you signed something we don't have sight of?

So much doesn't make sense here so you really need to go get proper advice to fully understand EXACTLY where you are right now. Then you might be able to progress your original question. It's not going to be cheap though.

[Purple41]

Yes I will take legal advice.

I think my shares will definitely be questionable because my own limited company is conflict of interest with their company and I think they will look to set up in my area at some point soon. In fact they have told me they are looking.

It’s messy I know !!

[TheCyclingProgrammer]

Shares or share options? Who owns the shares - you or your company? Did you own the shares already? Were they a form of remuneration and if so has this been accounted for in your company accounts? It all sounds very messy, I would speak to an accountant.

[GhostofTarbera]

Yes I will take legal advice.

I think my shares will definitely be questionable because my own limited company is conflict of interest with their company and I think they will look to set up in my area at some point soon. In fact they have told me they are looking.

It’s messy I know !!

Get them to buy your company, put your feet up for 2 years with the baby

Then open new company and pick up


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[wattaj]

Get them to buy your company, put your feet up for 2 years with the baby

Then open new company and pick up

^^ There may be some mileage in this.

It may be worthwhile asking if they'd like to buy you out and take over your shares and your business. It *might* be a tidy way to clear the desks so that you can have some time off to focus on other things.