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Am I an employee and thus able to claim sickness and holiday pay or a self employed contractor
I have been working as a self employed CORGI gas engineer for a large company for over 14 months. I was given a subcontract order which just said-to carry out plumbing services as requested with a commencement date but no completion date. I have invoiced monthly at number of hours x agreed hourly rate. The company has deducted tax only under CIS. I have only worked for them during this time to their instruction and using their materials. I had an operation on 2nd August and had to take convalescence for 2 weeks. I asked if I would have a job when I came back and was told yes no problem. I returned to work on 20 August. They have now told me my services are no longer required. I have done some research and believe that during all this time I have been either an employee or a worker as opposed to self-employed and thus should have had some rights. Not the least of which is holiday pay and maybe sick pay? I have had neither. I believe that the company is trying to regularise my employment status because they have not treated me correctly for Inland Revenue & NI purposes. Where do I stand please? Can I make them pay me holiday pay?
We would need to see a copy of your contract before offering a definitive answer.
However the real test is whether or not you were obliged to work exclusively for the Company- referred to as 'mutuality of obligation'- or whether you would be able to delegate work to others. In addition, other factors would be taken into account such as what the Company provided in the way of tools, transport etc.
The only way to ascertain your position for certain would be to make a claim at an employment tribunal who would first have to decide the nature of the employment status and, if the tribunal believed that indeed you were an employee or worker, they would then go on and consider whether there had been an unfair dismissal.
The claim should also include a claim for the unpaid holiday pay and other benefits to which he would have been entitled as an employee or worker.
You could speak direct with the Inland Revenue who will themselves take enforcement action against a Company if they believe there is good reason to do so.
We can certainly assist you with any claim if you believe you need help with a tribunal.
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