Worker or employee rights ?! Worker or employee rights ?!
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  1. #1

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    Default Worker or employee rights ?!

    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.

    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 .

    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 ?!

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

  2. #2

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    Quote Originally Posted by Purple41 View Post
    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.

    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 .

    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 ?!

    I welcome any advice , thoughts or suggestions! Thank you .
    If you have been working as a Ltd company contractor, you have no rights with the end-client.

    If they see that you are unable to fulfil the contract, they have the right to terminate that contract.

    Going part-time makes no difference - you had no rights before, you had no rights after.

    This is the reason that contractors earn the rates they do - this is the compensation for not having those rights.

    Sorry.
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
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    Some things in Moderation

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    PS - Others may be able to give a more nuanced answer, but that depends on whether you are outside or inside IR35.
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
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  4. #4

    Contractor Among Contractors

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    Quote Originally Posted by Purple41 View Post
    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.

    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 .

    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 ?!

    I welcome any advice , thoughts or suggestions! Thank you .
    You are not an employee of your client.

    Your rights are limited to those provided by your own limited company. You have no claim on those of your client.

    Statutory Maternity Pay is available, but only via your own company.

    Your client *may* want to end your contract, but they *might* also want to discuss keeping you on in a reduced role. You won't know unless you ask them, but don't expect them the to very helpful... they *might* be, but prepare for the worst outcome.

    Congratulations by the way.
    ---

    Former member of IPSE.


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  5. #5

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    Quote Originally Posted by Purple41 View Post
    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.

    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 .

    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 ?!

    I welcome any advice , thoughts or suggestions! Thank you .
    Find a solicitor who specialises in Employment law and ask them.

    Is there an agency between you and the company or is the relationship as you describe it:-

    Company > Your limited Company > you.
    merely at clientco for the entertainment

  6. #6

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    It sounds like you're probably caught by IR35 so I wouldn't rock the boat too much on this one if you haven't been operating IR35 correctly. You don't have any employee rights, even if you had been treating the contract as inside IR35.

  7. #7

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    Quote Originally Posted by Purple41 View Post
    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.

    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 .

    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 ?!

    I welcome any advice , thoughts or suggestions! Thank you .
    You have zero rights (if you are pondering if they need to pay you maternity pay they don’t)

    See here for what you can claim

    Contractor Doctor: Can I Claim Statutory Maternity Pay From A Contractor Ltd Company?

    Congrats on baby


    Sent from my iPhone using Contractor UK Forum

  8. #8

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    Quote Originally Posted by cojak View Post
    If you have been working as a Ltd company contractor, you have no rights with the end-client.

    If they see that you are unable to fulfil the contract, they have the right to terminate that contract.

    Going part-time makes no difference - you had no rights before, you had no rights after.

    This is the reason that contractors earn the rates they do - this is the compensation for not having those rights.

    Sorry.
    I wouldn't make the assumption that limited company means a willing contractor being paid a lot of money - you haven't had the dealings I'm currently having with the lower paid end of the market

    and indeed are both understatements
    merely at clientco for the entertainment

  9. #9

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    It may also be worth speaking to the Unions - I believe Unite are looking for false self employment cases to use as test cases (but it's a while since I've looked at that side of things).

    And of course I'm making the assumption that you were told to set up a limited company rather than willingly doing it.
    merely at clientco for the entertainment

  10. #10

    Some things in Moderation

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    Quote Originally Posted by eek View Post
    I wouldn't make the assumption that limited company means a willing contractor being paid a lot of money - you haven't had the dealings I'm currently having with the lower paid end of the market

    and indeed are both understatements
    I know, but the initial post is neutral.

    The whole lower end of the market is fecking outrageous, but maybe for another thread.

    Otherwise OP, I would advise joining a union (seriously).

    See here for more details. https://www.contractoruk.com/forums/...ting-read.html
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
    - Voltaire/Benjamin Franklin/Anne Frank...

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