Hello can you please go through this questionnaire and let me know if the results say you are an employee or self employed?
Scroll to the bottom and press on the I accept link to go through to it
Hi you can try this instead, it considers similar factors.
Thanks I will get back to you later today
Hi there just checked the file and I can see no answers in red just the original document
Hi there, it does appear that you are most likely going to be classified as self employed. Your rights in terms of protection against unfair dismissal, redundancy pay and minimum notice periods all depend entirely on your employment status. You have to be an employee to be covered under any of these. If you are genuinely self employed, which you most likely will be, you will not have any rights to challenge the termination, to get any redundancy pay or be able to claim unfair or constructive dismissal. It does not matter how long you have worked there unfortunately, if you are self employed then you remain such and your rights are based on that. The only rights as a self employed worker you would have are in relation to notice period. If you have a contractual notice period then you would be entitled to receive that on termination.
However, it is often the case that no written contract exists, or there is no notice clause in it. In such situations, the worker can still expect a 'reasonable' notice period to have their employment terminated. This is because even in the absence of a written contract they will be working under an implied common law contract and to terminate such a contract a reasonable notice period is required. The only exception is if the contract was terminated because of gross misconduct, that is any misconduct serious enough to justify the employment relationship terminating immediately.
What is a reasonable notice period will vary greatly and will depend on the individual circumstances, industry practices, length of employment, frequency of payment, etc. There are far too many variables to consider, which means it is usually impossible to give a precise indication as to what would be reasonable in each case. It is therefore down to the courts to make that decision. The worker can nevertheless raise this issue with the employer and attempt to negotiate a reasonable notice period with them, a period that they will both be happy to accept.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
No i am afraid there is no such law. Your employment status relates solely to how you are treated and it makes no difference how long you have been working there or if you are working for a single fir. You could easily be self employed and work as such for an indefinite period, without ever becoming an employee. You only acquire employment right if based on your relationship and the way yo are treated you start to evolve into being an employee, which takes us back to the questions you answered earlier - the more you can show that you are being treated as an employee based on these factors the more you can try and argue you may have become an employee - but there is no definitive period after which that happens and it depend on whether a court is satisfied that you have started to match the criteria for being an employee - nothing to do with length of service or whether this is the sole company you work for. Also as self employed you have no right to claim constructive dismissal or unfair dismissal - this is protection only employee get.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.