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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i have been on paye since 2009, i don't have a contract of

Resolved Question:

i have been on paye since 2009, i don't have a contract of employment,i am classed as freelance payroll, but i do get a pay slip,pension,employee ref no,P60 etc
am i entiteld to the same conditions as "staff" i.e. holiday pay, contract.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. Are you an employee rather than Self employed?
Customer:

im not self employed, i don't work else , i get a pay slip from the payroll company,which says NEP freelancer,they take NI class , tax and have asked me to join the company pension scheme to which they contribute, they tell me when and where i work via the phone and then an emailed rosta

Ben Jones :

sorry I was offline by the time you had replied. If you are genuinely an employee then you will have minimum statutory rights, which could be equivalent to those other permanent employees get.

First of all I suggest you check this information to try and determine if you are really an employee, even if you are referred to one by the employer – it is not what you are labelled as that matters, rather than what you do:

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

Assuming you are an employee then you get the following basic rights through law:



  • The right to get written statement of employment particulars (similar to a contract)

  • Minimum 28 days’ paid holiday (if you are full time, or the equivalent pro rata if you are part time)

  • Sick pay (if you meet the required criteria by law)

  • Redundancy pay (if you have worked over 2 years when you are made redundant


A more thorough list of your rights at work can be found here:

http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/basic_rights_at_work.htm

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

Customer:

thats a help, i will check the links, they know they are on dodgey ground i just need them to admit I'm employed, HMRC,NI,ACAS ETC all say that after a year on PAYE you assume that you are employed.

Ben Jones :

it is not as simple as hat though, establishing your employment status is not an easy task and there is no single test that can be used. It is usually irrelevant what a person is labelled as by their employer because their status would depend on the overall employment relationship, not on what they referred as.

Following years of case law, a number of established factors have generally been accepted as a reasonably accurate way of establishing whether someone is an employee or self employed. The courts would still use some of these to get an overall picture of the employment relationship and determine the person's employment status.

Customer:

ok thank you

Ben Jones :

you are welcome, all the best

Ben Jones and other Employment Law Specialists are ready to help you

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