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I am in a meeting myself now but I am going to respond shortly
Before I proceed can you please answer these questions and let me know whether you believe yourself to be an employee or self employed
I was an employee of the University year for 2008-9, 2009-10, 2010-11. In these 3 academic years I only taught on 1 or 2 modules. Then when they began asking me to teach 3 and 4 modules a year they asked me to change to self-employed. So for 2011-12, 2012-13, 2013-14
I have been self employed for those years
And next year (2014-15) it is the same- they would like me to teach 4 modules again. I will be self- employed.
So it looks like as soon as I started teaching loads (and taking on loads more responsibility) they made me self employed.
Can they seriously keep employing me like this and not make me permanent, part time?
Hi, so according to the HMRC tests, are you self employed now or an employee, regardless of what the employer calls you?
Oh- I am self employed. I became self employed when the University asked me to. HMRC has me registered as self employed. My tax return is for self employed work.
ok the fixed-term regulations which you linked to earlier will not apply to you as these only apply to employees, not the self employed. If you are genuinely self employed then unfortunately your rights will be very limited in these circumstances - there is no legal obligation on an employer to make you permanent in any way - you are employed on a contract for service and that will only be as long as it is stated in its terms - once the contract expires or you are given notice under it then that would be it, until they decide to employ you again. You do not have protection against unfair dismissal, or to be made permanent in any way - these are the pitfalls of self employment - you are employed as needed and as per the terms of the contract you have, this can be terminated at any time as per its terms, like giving you notice.
They are talking about potentially giving me a fixed term contract for next year- as an employee. Not as self-employed. What are my rights then? If any?
then you have the rights not to be treated detrimentally just because you are a fixed term employee, for example you should not be selected for dismissal just because you are a fixed term employee, also if you are employed ion successive fixed term contracts for 4 years ro more you automatically become permanent
So I would have to be on that kind of contract for 4 years to be made permanent?
yes and they have to be successive, without any breaks
Okay. They really found the loop hole with that! I do the work of a permanent staff member and I continue to be employed. Seems unfair that they can avoid that by making me be self- employed.
well if you are self employed then you are that unfortunately - you do not have to take the work, but equally they do not have to offer it to you. If you want to take it then it would be on the terms offered, unless you can agree something else.
As the work load is the same. They've just called it something different.
Okay. Thanks. I'll probably also check in with my union. I appreciate your confirmation on this. I thought as much. It's frustrating that the law doesn't really protect abuse of casual workers here. So the Uni can say they don't use any fixed term contracts so they don't ever have to give permanent contracts. But they still use me again and again for lots of teaching. Nothing casual about what I do. :)
Anyway thanks. I'll give you an excellent rating. :)
Thank you but remember it is not what you are called that determines your status hence why the earlier link - even if you are called self employed you could actually be an employee in reality and have better rights so check these again carefully
If I give an invoice every month to the university (no salary or PAYE) and I pay my taxes as self employed, I'm pretty sure I have a self employed status.
It makes sense that as soon as I started to teach a lot more they conveniently required me to change my status.
But I will check all of this again carefully. I just find it to be unconscionable- but passion has no place in the law I know!
Unfortunately morals and the law are often far apart, that's for certain
Thanks again. I'll keep fighting the good fight.