Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Why do you think you should have been taken on by them?
Please note I am going offline shortly so may not be able to reply until the morning, thanks
Many thanks for your patience. I am afraid there are no laws which state that after working for someone for a specific period of time they have to take you on permanently s an employee or terminate your employment. It is entirely possible for someone to work as self employed indefinitely without any obligations on the employer to change their employment in terms of them becoming an employee.
In fact a person's legal rights in the workplace will mainly depend on their employment status. However, 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.
Some of these factors can be viewed here:
By following the link you may get a good idea of what your employment status is, although it is worth noting that these are still only an indication and only a court can provide a definitive answer. They are nevertheless useful to use in negotiations with the employer.
So even if you were labelled as self employed but the nature of the relationship meant that you were treated as an employee, your rights will be those of an employee.
This is your basic legal position. I have more detailed advice for you in terms of the rights you have on termination should you be an employee, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
If you are genuinely an employee and the company is closing down then this would amount to redundancy and you should be entitled to a redundancy payment. They can of course refuse to acknowledge that you are an employee and just refuse to pay redundancy on the assumption you are self employed. In that case you may gave to consider making a claim in the employment tribunal to pursue them for the redundancy payment and let the tribunal decide what your stats really is. You have 6 months from the date the payment is due to make the claim so do not delay it too much