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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46803
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working self employed for 32 years at the same

Resolved Question:

good evening
I have been working self employed for 32 years at the same company every day Monday to Friday 41 hours per week some overtime when required and have been on call for this time also and not worked for any other company, I have been told that this large company is closing the plant and I will be finishing work at the end of December this year, I have never been paid for bank holidays or holiday time, over the years I have employed a number of people which they have required and after a couple of years they have said they are cutting back and I have paid them all redundancy in total in excess of £30k,
I was wondering if I have a case for compensation as I thought I should have been taken on by the company full time,
regards ***** *****
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ben Jones replied 7 months ago.

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

Customer: replied 7 months ago.
hi Ben
I thought that if you have been working for someone for a certain length of time they had to take you on or finish you off, and as I have only been working for this company for 32 years and have not taken me on I thought I might have had a case,
regards mike
Expert:  Ben Jones replied 7 months ago.

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:

http://www.rossmartin.co.uk/employers/essential-know-how/171-employment-status

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

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46803
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 7 months ago.
hi ben
ok many thanks for your answers to my questions I see it as I am treated as a employee the company pays for my training and yearly medicals, I do LSO training on the company computer I also have a works id number .
I will leave you a 5 star rating
regards mike
Expert:  Ben Jones replied 7 months ago.

Hi Mike

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

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