Employment Status Clarification Needed as self employed.

[Lordhelpme]

Hi all,

I hope you can help in providing some clarity for me, in what is a very difficult time. Early last week the company I worked for terminated my "services". This is how it is worded on the formal letter I received today so for now I will leave is as that.

A little background.

I initially started for the company as a self employed operative working on the tools for the civils & groundworks department. Due to my former IT background, in February of 2021 I was asked to step up and run the department as the previous manager had left suddenly. It was a huge learning curve for me but I did it. It was a lot more hours as I spent a lot of my time at home working on my laptop trying to stay on top of everything. Realistically it was a job for more than one person so I was always playing catchup. I persevered however, and worked silly hours every day to the detriment of my home and family life.

Jump forward to 2024 and the department is struggling financially, my boss brings in a good friend to help me, it's the same friend he initially created the company with but later bought out. He's brought in to assist me and help me keep on top of things, at least that's what I was told.

Last Monday we had a finance meeting, the meeting wasn't great as the department had lost money for the month of October. When the meeting finished he told me that he was closing the department and that I was to finish that day. Whilst I was aware that the department was struggling, I was given no previous notice that my services would be terminated.

I was Self Employed for the duration of my time at the company and I don't recall ever signing a contract, I have requested a contract from the company but they have been unable to provide me with one. As self employed I issued an invoice to them each week on a Monday, tax was deducted as part of CIS (Construction industry scheme) and I was paid each Wednesday.

My question is although I was considered self employed for tax purposes, would I been seen as an employee considering the following:

• My hours were determined by the company
• My work place was determined by the company
• The company provided uniform with their name embroidered on, in the form of T-shirts, jumpers and jackets.
• The company provided all my PPE
• I was provided with a company car and fuel card
• I was paid 28 days annual leave each year.
• I was provided with a work phone and laptop
• There were various people above me telling me what to do.

Whilst I feel hugely let down that they terminated my services, I have no intention of arguing it. Their lack of empathy two weeks before Christmas spoke volumes so I would no longer like to work for them. However, if, in the eyes of employment law, I was considered an employee, I will look at making a claim for wrongful dismissal in the hope that I will be paid notice that I genuinely believe I should have received.

Incidentally I have since found out that there are no plans to close the department, his old friend is running it now.

Many thanks for taking the time to read the above and I hope somebody could help provide the clarity I am looking for.

LH

[ULA]

Self-employed status is not defined in employment law, it is a category used by HM Revenue and Customs (HMRC) for tax purposes. Based solely on what you have set out in your post my opinion is that you were not genuinely self employed, as it is the reality of the relationship between you and the company not what is was labelled as.

You may have an employment tribunal claim, IF you can prove you were an employee, for notice pay, any accrued but untaken holiday pay if this was not paid to you and as "employed" for more than 2 years, unfair dismissal.

Just so you are aware any claim would have to be started via ACAS Early Conciliation within 3 months less a day of your dismissal.

BTW I hope you have been making all the necessary tax and NI payments under your "self-employed" status to HMRC.

[Lordhelpme]

Ula,

Many thanks for your response, it is really helpful.

Under CIS, my tax is automatically deducted by the company. NI payments are settled each year when I file my Self Assessment.

Thanks again.