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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48736
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for a employer for 15 years as a subcontractor they

Resolved Question:

I work for a employer for 15 years as a subcontractor they paid me holiday pay but would not put me paye what rights do I have
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Why do you think you need to be put on PAYE?

Customer:

because they could dismiss me when they want without resason

Ben Jones :

yes but if you are not an employee then you cannot be placed on PAYE, you need to show that you meet the definition of an employee, can you take this test and tell me what you believe you are:

www.hmrc.gov.uk/employment-status/index.htm#1

Customer:

what test

Ben Jones :

the link I provided

Customer:

I need to leave this page to go to this link and I am still no wiser

Ben Jones :

you can open a new tab on your browser and you don't have to close this page

Customer:

the test show I am a employee

Ben Jones :

if you believe you are an employee then regardless of whether you are set up on paye or not you can claim employee rights, such as protection against unfair dismissal. Your employment status and your employment rights are not determined by what your employer calls you and whether they pay you via paye or not, but on the overall employment relationship and the factors that you looked at in the test you took

Ben Jones :

Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?

Customer:

yes I would had not found this link. I now know more than I did 10mins ago thanks

Ben Jones :

you are welcome, all the best

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