Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
Can you please go through this online tool and let me know whether it believes you are an employee or self employed:http://tools.hmrc.gov.uk/esi/screen/ESI/en-GB/summary?user=guest
you may not be....it is not what you are called or labelled as, it's what the facts say...
let's try a different way
If you are genuinely self employed then you do not get the same rights as workers or employees. They are the ones entitled to sick pay, holiday pay, etc. If you are self employed you do not get these benefits – you do not get holidays by law, you do not get sick pay, you are responsible for your own taxes. There is also no obligation on the firm to employ you as a permanent employee and give you these benefits. If it suits them they can continue employing you on a self employed basis indefinitely.
they may have been rferring to IR35
there was a drive to deal with false self employment in the construction industry
But that is when someone who was actually working as an employee (and the test would have shown that to be the case) was still employed as self employed
I think the issue here is that you appear to be genuinely self employed, which is not illegal and would not be covered by what your friend has said
to be covered you have to show that you are not really self employed but are an employee and that you are falsely being employed as self employed
there are some new rules being dragged through Parliament at present but they are not yet laws so you will have to monitor this specific area for developments
they could eventually provide further clarity on the employment status of construction workers but for now you have to go by the traditional employment status indicators which you went through earlier
again, if they employed a genuinely self employed person like you, that is not illegal and they would not have tax liabilities in that respect - they would only be at fault if they employed an employee under the pretence of self employment
you are welcome
historical events do not matter, what matters is how you are currently employed by them - it may well have been that you were an employee in the past and you met the criteria fr being an employee but it was then changed and you became self employed again - so all that really matters is what the most recent arrangement is and what your current status is, this is why the test take into account your current circumstances.
Does this clarify things?