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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48198
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've worked as a freelance for a company for 8 months. All

Resolved Question:

I've worked as a freelance for a company for
8 months. All along they've been saying that they have every intention of offering me a permanent role which I agreed to. A couple of weeks ago the head of operations said that my role was going ahead but I still don't have anything in writing. Today I've seen they've recruited a new person of my same job category for a role I asked to apply for. What are my rights? Thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me was the role advertised please.

Customer: Hi Ben, it was Senior Event Manager
Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

ok great thanks. As evidence I've just got an email from my manager asking if I'd consider joining full time plus salary expectations. I've also got a few emails where they say they were looking into some options so they could offer me a full time role. Thanks

Ben Jones :

Thanks for your patience. As a self employed worker your rights in this situation will unfortunately be rather limited. Even if you were an employee, your length of service would not give you many additional rights as these would only kick in once you have had at least 2 years’ service, which you don’t.

If you were to have any rights you would need to show that you were formally offered a role with the company, which you then formally accepted. It is not enough to simply discuss potential options about the future without there being a specific offer for a role, which you then accepted. If that did happen then you can argue that their subsequent withdrawal of that role amounts to a breach of contract, although you would not be able to force them to givce you the position and all you can pursue them for would be the notice period you would have been entitled to had they given you the role. This would be something that is stipulated in your contract for that role, however if no contract or notice period existed then all you can expect is a week’s wages.

If no formal offer and acceptance were in place for a specific role then you will not be able to take the matter further. Their actions would have been morally wrong but not unlawful and there are no grounds on taking this further from a legal perspective.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

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