New Contract

[dukebhoy]

I have a mate who is so called self employed by a courier firm but they have a boss. They work 6 Days a week but are being made to work 7 days a week is this a beach of contract they are only deemed
Self employed so they are not entitled to sick or holiday pay

[CleverClogs]

Re: New Contract

One may doubt that they are genuinely self-employed, as their duties will be directed by their boss and will not be permitted to work for another company at the same time.

The company may not just be denying holiday and sick pay, but fiddling Income Tax and NI Contributions.

[teaboy2]

Re: New Contract

Can you please ask for a copy of the contract and scan and post it up here, minus company details and minus your friends details as this is the only way we will be able to know for sure in regards to if hes self employed or employed, and would therefore allow us to advise you correctly as per his actual employment status.

Though i will say one thing, unless the contract states otherwise, and your friend is only contracted to work 6 days per week, then the company employing their services can not force them to work more days. Doing so would be a breach of the contract. I am also concerned that by asking him to work 7 days a week, the company could be in breach of working time regulations if hes actually employed by them.

Also if he is self employed then the company is your friends client and hes his own boss that can stipulate his own hours that he works not the other way round. So long as those hours are a reasonable amount and allow the job to be done, or if the contract states no hours or only state a minimum number per week and he works a reasonable amount of hours to get the job done, or works the minimum hours stated, then the client company can do F all. And would be in breach of contract if they tried, same if they terminated the contract, which could be seen as unlawful repudiation of contract entitling your friend to claim losses for earnings he would have otherwise made for the remainder of the contractual period if the contract had not been terminated.

Though there is also another issue for the employer - IR35 - The aim of the legislation is to eliminate the avoidance of tax and National Insurance Contributions (NICs) through the use of intermediaries, such as Personal Service Companies or partnerships, in circumstances where an individual worker would otherwise -

• For tax purposes, be regarded as an employee of the client; and
• For NICs purposes, be regarded as employed in employed earner’s employment by the client.

http://www.hmrc.gov.uk/ir35/