Looking for advice please

[Bomber99]

Just an update on this situation
SIL had a phone call today from the national minimum wage investigation officer who are working alongside HMRC in investigating ex bosses company and how it is run.

The investigator stated that as far as he was concerned the SIL was employed by his ex boss and not self employed as ex boss was stating.
SIL was informed that ex boss is liable for all income tax and national insurance due whilst he was in ex bosses employment.
So good news on that front.
SIL was also told they are also looking at how much he is owed in underpayment of hourly rate of pay, as he was paid under the minimum wage and how much holiday pay he is owed.

SIL was also told they had looked at the other employees and they are all in the same situation, so looks like it’s going to be an expensive time for the ex boss

SIL also had an email last week from HMRC informing him they are still looking into the ex bosses company and hopefully should come back to him next week with some more information.

Will inform this thread when we have anymore info

[Retromau5]

Hi Bomber99 ,glad to hear things are moving in a positive way for your son-in-law. And hope he's been able to find more stable employment.

[ULA]

Bomber99 thanks for the update and glad to hear the authorities are investigating your SiL's ex employer.

[Bomber99]

Hi all hope everyone’s keeping well.

As mentioned the investigation officers have come to the conclusions the SIL was employed by the ex-boss and not self-employed as ex-boss has alleged. The SIL is still waiting on confirmation of this decision in writing as HMRC are still investigating the ex-bosses business.

So my question is; would SIL have a case for constructive dismissal as he was sack when he started to ask questions with his boss, regarding why his tax and national insurance was not being paid. His boss also found out the SIL was asking the other employees questions about the tax and insurance situation and they in turn started asking the boss questions.

Although the SIL only worked for the company for 8 months would he have a case.

Thank you all for your invaluable help so far

bomber99

[ULA]

Your SiL needs to have worked for 2 years to bring a constructive unfair dismissal claim.