Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Just to confirm, do you invoice the employer following completion of your work and have they given you any indication that work may cease in the future?
OK thank you for your response; please leave it with me. I am in court for the rest of today so will prepare my advice in a while 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.
No problem at all. I will get back to you at the earliest opportunity. Many thanks
Many thanks for your patience. 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. SO you could be freelance but in truth be an employee.
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.
You may use this guide to find out what your status is most likely to be (just scroll down to the Checklist section and answer the questions and see which side you most likely fall into):
By following the link and answering the questions 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.
If you are an employee then you get protection against unfair dismissal – they must show a fair reason for dismissal and follow a fair procedure. So you will have reasonably good rights.
If you are self employed then you get no unfair dismissal protection. All they have to do is give you the contractual notice period to terminate the contract or in the absence of such – a reasonable notice period.
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 in a bit more detail, depending on what you find out your status is. 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
Hi there no problem just get back to me when covenient