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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have worked as a freelance photographer for trinity mirror

Customer Question

I have worked as a freelance photographer for trinity mirror for 34 years ,in that time i have not worked for any one else ,some times working 7 days a week ,they have not paid me any holidays and when i have had time off i have had to paid some one to take my place ,they are how telling me that they can only pay me to work on a saturdays for 250 a month which i cant live on ,i just see this as a way of making you walk a way, do you think i can put a case together under the masters servants relationship .
Thank You
***** *****
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.

Did they initially agree to pay you for holidays? Also, what kind of contract/agreement do you have with them?

Customer: replied 1 month ago.
No holiday paid , been a few contracts over the years but notting in writing just word of mouth
Expert:  Ben Jones replied 1 month ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day 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.

Thanks for your patience. your rights will very much depend on what your actual employment status is. You may have been treated as a freelance worker but in reality be an employee, or vice versa. It does not matter what you are labelled as and it is the way you are treated that defined what your employment status is. To try and find out can you please follow this link:

https://online.hmrc.gov.uk/edge-unavailable/hmrc-services.html

Select Employment Status Indicator from the menu then follow the link to the questionnaire and once you have completed that please let me know the outcome.

Expert:  Ben Jones replied 1 month ago.

Hi, any luck with the questionnaire?

Customer: replied 1 month ago.
hi , I am unable to open the questionnaire in which you have sent me , the link says it is unavavilable every time I try to open it , please could you re send me the link many thanks
Expert:  Ben Jones replied 1 month ago.

Try this instead:

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

Scroll down to: ***** ***** ESI tool and further guidance

Open that link

Then scroll down to the bottom of the page and click on: I accept the conditions...

And that should open it up

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