Hidden Employee

[bowmar977]

Finished up in a crazy situation although i have tried to Resolve.....
I worked for a company for around 2 years as a self-employed computer engineer (Looking after IT and doing company books)
About 12 years ago company owner (night before holiday) sacked a night shift worker for drinking alcohol at work.
I stood in and done the workers night shift temporarily until she went on holiday........
Still there to this day.

When i covered said workers shifts until this day; i stopped invoicing and was paid a set hourly rate, paid holidays and sick pay.
I did not receive employment contract (Company does not give employment contracts to any staff member).
I pointed out i was now an employee and should have been PAYE she insisted i was Self-Employed for tax reasons.
I have pointed out that HMRC would view me as a hidden/disguised employee, but she insisted not all companies work that way.

Now.... when COVID issues commenced, she cut all hours and furloughed employees, to which they were paid (they still worked their hours).
In my situation she said i could claim self employed furlough, i pointed out whatever i claimed through my IT Support business was not really her business.
So after 12 years i lost £150 per week since March 2020 until present day I am still on the cut hours (Approx £12k lost).
All other Staff in office have been on full pay for 8-9 months, in fact i have lost more personally than other 5 staff members combined.
In august she also hired a part-time worker on new contract.

What grates with me is all contact with Gov regarding furlough, all grants inc council Etc... I researched and completed applications.
So whilst gaining all financial support available it was only myself out of pocket.
I was in charge of all legal requirements regarding parking fines, council legalities and employment laws regarding personnel.
I was in an unofficial office managers role.

Again when i have pointed out that she has been acting illegally, again the response is not all companies work this way.
Company involved is a taxi company in Scotland on a medium scale - her continued response to all legalities is 'Taxi companies do not work that way'.

Really loathe to go down legal route but feel i have been treated abysmally.
Would love the opinion of people more qualified on this topic.
Thanks

[echat11]

It's in Scotland, so ULA might only be able to give pointers / general guidance.

[bowmar977]

It's in Scotland, so ULA might only be able to give pointers / general guidance.

Thanks

[ULA]

I think it is very similar in England as in Scotland, below link may help:


https://www.citizensadvice.org.uk/sc...oyment-status/

Reading that and what you have posted, if for the last 12 years paid a set hourly rate, paid holidays and sick pay, your employer is in charge and dictates the hours you work and when then in my view you are an employee. I presume she has not been deducting tax or NI from your wages? What about paying employer NI?

[bowmar977]

I think it is very similar in England as in Scotland, below link may help:


https://www.citizensadvice.org.uk/sc...oyment-status/

Reading that and what you have posted, if for the last 12 years paid a set hourly rate, paid holidays and sick pay, your employer is in charge and dictates the hours you work and when then in my view you are an employee. I presume she has not been deducting tax or NI from your wages? What about paying employer NI?

Hi ULA

Thanks for response, and no she has not made any deductions

[bowmar977]

And looking at that article, yes that sums up what i thought, that i am a worker employed by them
My worry is lack of employment contract.......

[ULA]

Well that is another issue for your "employer", particularly if they think they can get away with not designating you an employee merely becasue they have not given you a contract.

[bowmar977]

ULA Thanks

Can i Ask you based on what i have stated......
Would it look possible i have legal recourse if it came to it ?

[ULA]

I would try and resolve this internally with your "employer" first, maybe indicate you take taken some advice in regard to your work status which suggest that you have in fact been an employee for the last 12 years since you filled in for the night shift worker.

If the matter is unresolved then you potentially have further action that you can take.

[bowmar977]

Thank you