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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been a self employed hgv driver for the last ten

Customer Question

I have been a self employed hgv driver for the last ten years.
I have worked only for one company for this entire period.
I have my own hourly rates an invoice them for each week when I work.
It has been pointed out that the inland revenue web site suggests I may not be self employed. I worked about 45weeks in any year
I have kept my tax affairs on a SA basis and I am up to date with tax.
My questions are:
If I am not self employed am in some bother?
Do I have employment rights? unfair dismissal, redundancy, holiday pay
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

Do you choose what hours you work?

Expert:  Ben Jones replied 1 month ago.

Also, has the employer paid you holiday and / or sickness pay during the course of your employment?

Customer: replied 1 month ago.
Not really, I am given jobs, deliveries as all other drivers
Customer: replied 1 month ago.
No holiday or sickness pay since I'm self employed
Expert:  Ben Jones replied 1 month ago.

OK thank you, ***** ***** 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.

Expert:  Ben Jones replied 1 month ago.

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.

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.

In terms of potential issues – these would mainly concern the employer, for example if they did not ay NI contributions for you as an employee or given you some of the benefits that employees should get. If you have paid your taxes over this time then you are unlikely to be in any trouble.

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 what rights employees get. 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

Expert:  Ben Jones replied 1 month ago.

Hello, my response should be visible on this page. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 month ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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