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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44953
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hello, i am s/e and im head house keepkeeper for parents business. in

Customer Question

hello, i am s/e and im head house keepkeeper for parents business.
in exchange of working 7 days a week i have my one bedroom cottage on the premises.bills included i pay for my food. washing powder.
they in the process of selling and the potential new owners have spoken to other members of staff -keeping their jobs, however they has not spoken to me at all ref my job and situation. accept emailing my parents saying as she is family we dont think its right she stays on seeing the place change. - no job no home! so the question is do i have any rights? many thanks nicki
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

Were you paying any tax and national insurance?

Did you have any contract with your parents?

Customer: replied 3 years ago.

yes i pay tax and insurance, im just about to pay £750.tax return.


no contract just family. another person who lives on sight he works in exchange for his rent no contract - walks dog checks mooring collects fees chops woo fire wood.and has been told by parents solicitor he is staff and comes with the sale of property.


 

Expert:  Alice H replied 3 years ago.
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects employees' terms and conditions of employment when a business is transferred from one owner to another.

Employees of the previous owner when the business changes hands automatically become employees of the new employer on the same terms and conditions. In your case there may be a question of whether or not you were an employee. But the mere fact that you pay your tax and NI is not enough to make you self employed - it also depends on your independence and whether you could be given orders by a more senior person, working hours etc.

If you were an employee your employment will continue with the new employer. Continuity of service and any other rights are all preserved.

If you are dismissed you could have a claim for unfair dismissal against the new employer. You should raise the matter with them immediately by way of a written grievance If this doesn't resolve the issue, you ultimately have the right to complain to an employment tribunal if you've been employed continuously for a year or more. The tribunal has power to award damages and reinstate your old job.
Customer: replied 3 years ago.

hi that really doesnt make much sense to me! the people are terminating my employment because im family! and due to me telling you about the the other employee it doesnt answer my question sorry! thank you for your time

Expert:  Ben Jones replied 3 years ago.
Hello I see you have opted my colleague out so I will try and help you instead. Can you please follow the link below and once you answer the questions tell me if you believe yourself to be an employee or self employed:

www.hmrc.gov.uk/employment-status/index.htm#1
Customer: replied 3 years ago.

i already know about the tupe! that was not the answer to the question i asked so thank u for your time!

Expert:  Ben Jones replied 3 years ago.
I did not refer to TUPE - please see my question above
Customer: replied 3 years ago.

your collegue did! i am s/e as already written however i work 7 days a week for my house. please read what i have already written thank u

Expert:  Ben Jones replied 3 years ago.
I have seen what you have read but just because you say you are self employed does not actually mean you are so please check my initial question for the information I need from you
Customer: replied 3 years ago.

i cant open the link!

Expert:  Ben Jones replied 3 years ago.
copy and paste it into your browser

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