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Hello everyone - I am new here and would like some assistance with a query.
I have been employed at my current company since 19th June 2013 on a 6 month probationary period. Throughout that time I have been told verbally that my performance has been exemplary - no documentation summarising any aspect of my performance however.
In my 6 month probationary review (that I requested in writing) on 11th December 2013 I was informed verbally that some aspects of my performance were not up to scratch, contrary to what had been previously communicated. No documentation summarising the issues/no written termination of probation. As per my contract, the relationship can be terminated in writing at 1 weeks notice. My employer stated they would like me to continue working for the business in a slightly different capacity but on a contractor basis. I said that before I could make a decision I would need everything in writing and have it looked over as I have never worked as a contractor before and am unsure how it all works. I confirmed this in writing.
My 6 month probation expired on 18th December 2013 whilst I was on annual leave and I did not receive any written termination of contract. I have returned to work today and my bosses have invited my to a meeting where they have a document prepared as regards a new way of working.
At lunch I took this to my solicitor who advised that if I accepted I would be within "IR35" legislation. The contractor rate offered is much less than my current salary. My employer advised they will make a lot of savings by working this way in terms of tax etc. My solicitor advised that as I would still only have 1 place of work and be within a "master-servant" relationship I should technically be taxed as an employee contrary to what my employer has said.
Following lunch I informed my employer that I am unable to accept their offer as, in practice, I would be an employee as opposed to a contractor so would be uncomfortable working in that way.
My contract states that my employment can be terminated by either party in writing. As they have not done so as yet and my probation cut-off has passed does that mean I am now eligible to 6 months notice (as stated in contract)?
Feels like there is a bit of a grey area but I am a layperson seeking input from more qualified people.
Many thanks.
I have been employed at my current company since 19th June 2013 on a 6 month probationary period. Throughout that time I have been told verbally that my performance has been exemplary - no documentation summarising any aspect of my performance however.
In my 6 month probationary review (that I requested in writing) on 11th December 2013 I was informed verbally that some aspects of my performance were not up to scratch, contrary to what had been previously communicated. No documentation summarising the issues/no written termination of probation. As per my contract, the relationship can be terminated in writing at 1 weeks notice. My employer stated they would like me to continue working for the business in a slightly different capacity but on a contractor basis. I said that before I could make a decision I would need everything in writing and have it looked over as I have never worked as a contractor before and am unsure how it all works. I confirmed this in writing.
My 6 month probation expired on 18th December 2013 whilst I was on annual leave and I did not receive any written termination of contract. I have returned to work today and my bosses have invited my to a meeting where they have a document prepared as regards a new way of working.
At lunch I took this to my solicitor who advised that if I accepted I would be within "IR35" legislation. The contractor rate offered is much less than my current salary. My employer advised they will make a lot of savings by working this way in terms of tax etc. My solicitor advised that as I would still only have 1 place of work and be within a "master-servant" relationship I should technically be taxed as an employee contrary to what my employer has said.
Following lunch I informed my employer that I am unable to accept their offer as, in practice, I would be an employee as opposed to a contractor so would be uncomfortable working in that way.
My contract states that my employment can be terminated by either party in writing. As they have not done so as yet and my probation cut-off has passed does that mean I am now eligible to 6 months notice (as stated in contract)?
Feels like there is a bit of a grey area but I am a layperson seeking input from more qualified people.
Many thanks.
