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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48168
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I am a self employed carer and have been asked to work with

Resolved Question:

I am a self employed carer and have been asked to work with a client 5 sleeping nights a week. The power of attorneys have stated that I can no longer be self employed in relation to their client and have said I have to be an employer by law. Is this correct?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. It is incorrect that by law you must be an employee if you were to work as a carer who works sleeping nights - you could be either an employee or self employed. However, your employment status is not dependent on what the employer labels you or refers to you as. Your employment status on the overall employment relationship and what happens in the relationship between you and your employer. You could be called an employee but still legally be self employed and vice versa.

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 the Government’s Employment Status Indicator tool to find out what your status is most likely to be:

https://www.gov.uk/employment-status-indicator

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.

Customer:

so, is being employed or self employed a matter of choice or is there a point where the law says I have to be employed

Customer:

so, is being self employed or employed a matter of choice or is there a point where I have to become employed. Such as with the number of hours I work a week or the regularity of the work.

Ben Jones :

it is a matter of choice but it depends in whether you meet the criteria to be an employee or self employed - your status is determined by law, you could be called an employee but in fact be self employed or vice versa. But the law does not tell you in which specific jobs you have to be an employee or self employed - that is for you and the employer to decide

Ben Jones :

It does not depend on type of work, hours of work, etc

Customer:

so the power of attorney is wrong?

Ben Jones :

they are wrong in a sense that there is no law to force you to be an employee in your circumstances but they can move you to being one if they wanted to

Customer:

if I didn't want to then can they force me or ask me to leave?

Ben Jones :

yes they can just give you notice of termination

Customer:

ok thank you

Ben Jones :

you are welcome, all the best

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