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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47887
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been self employed working for the same company for

Customer Question

I have been self employed working for the same company for 16 years they have always paid me bank holidays holidays and sick pay they now have no work am I entitled to any redundancy pay or notice pay
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 11 months ago.

What reason exactly have they provided for the decline in work?

Customer: replied 11 months ago.
No more work coming in or to start the employed persons have been given notice and redundancy when there notice has finished
Expert:  Ben Jones replied 11 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 11 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 or because you have been paid holidays, etc they have to take you on permanently as 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.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss your rights if you appear to be an employee rather than self employed. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 11 months ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you