Employee Status

[bowmar977]

Deleted thanks for assistance ULA

[ULA]

Given what you have stated in your post there are some factors that would fit the criteria of being employed. However are you retained under a contract for services, or have you been given an employment contract? This may have a bearing on your reduction in hours so would be useful to know. If it is a contract for services is this what determines your 32 hours per week and if so what notice is there to vary these hours?

My knowledge is based on English/Welsh employment law, however I do not think there is much difference on this fact under Scottish employment law. However you can double check on the HMRC website that has a useful tool which takes you through a series of questions that can help you determine your employment status.

https://www.gov.uk/guidance/check-em...status-for-tax

When you say you have "applied for Small Business grant (£10,000 - this has been paid out) and completed Job retention scheme application." I presume this on behalf of the company.

[bowmar977]

Deleted thanks for assistance ULA

[ULA]

You are very correct the company was breaching employment legislation by not providing a written statement to employees.

As far as a Tribunal is concerned, if anything did happen, you would need to prove that the way in which you undertook work, despite not being on PAYE, puts you under the category of being an employee. It may well be worth having a quick discussion with ACAS. *

[bowmar977]

ULA..... thank you