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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 12194
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I’m a freelance artist working for a particular public

Customer Question

I’m a freelance artist working for a particular public sector organisation who back in the summer raised the issue of the changes in IR35 law we may affect my status. From my understanding it does not affect me as I am a sole trader with no third party agency or a limited company. However on dealing with this issue and doing the employment status tool on the HMRC website it did state my work to be ‘employed’ with this organisation. And so they decided I should be put on the payroll (not as an employee however - so this is my first question - is that right??)
Initially I held of agreeing to this change in my pay terms as I wanted to ensure that things weren’t going to affect me in any way or cause me any problems. All the while I was told they wouldn’t not pay me until I agreed. (So my second question is - is that fair?? Should they have continued paying me as they had been until the situation was sorted which it now is?) It has now been 3 months without pay. I have now agreed to sign the forms for going on the payroll and told all will be paid now at the end of November. I asked for a little understanding that I have not been paid for so long and would like the first 2 invoices to be paid as they have always been. But they will not agree and am just supposed to wait until the end of november.
To top it all off this was all told to me through an incredibly patronising and rude phone conversation so I now feel I want to make a complaint so my third question is what are my rights as a freelancer?! And I will I be at risk in any way if I do?)
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ben Jones replied 4 months ago.

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

Expert:  Ben Jones replied 4 months ago.

So how long have you been doing this work for?

Customer: replied 4 months ago.
5 years
Customer: replied 4 months ago.
No thanks for the call
Expert:  Ben Jones replied 4 months ago.

OK no problem at all and thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 4 months ago.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you