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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75042
Experience:  Qualified Employment Solicitor
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I’m employed by one company but sub contracted out to

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I’m employed by one company but sub contracted out to another company who I have no binding contract with, my employer invoices them for the time they use me for administration work and Those hours go into my PAYE with my contracted company. The other company is now changing my days and hours of working with out no written agreement with myself and my contracted employer. Where do I stand as I have a child I also have to get child care cover for and they are not taking this into consideration. As advised by the other company “ it was my choice to have a child”
JA: Have you discussed this scheduling issue with a manager or HR? Or with a lawyer?
Customer: both the companies I work for are for family members. The other company is already in discussion with their hr regarding the hours and days and staying it commenced at beginning of this month but I haven’t received any written confirmation. I have advised the other company that I am unable to certain days as the pay level I am on is making it unable for me to add childcare days. I did ask for them to discuss with main employer regarding wage but nothing has become of this.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee for 1 of the companies but sub contracted out to the other which is not relevant to the company I work for. My main company invoices them for my hours and then this covers my wage in my PAYE for hours my company can’t give me inline with my contracted hours. I don’t believe there is a union as they are small businesses.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 10 days ago.
I have worked for the main company for 3 years and the sub contracted company for 2 years in December. There has never been a written agreement

Thank you very much for clarifying. Were there any pre-agreed days/hours of work at all?

Customer: replied 10 days ago.
They are wanting 25 hours max as I did do more when they was busier, but days I did do was the remaining 4 days of the week and this was either at office and at home due to child care and they now stating I have to be office based for 3 full days.

Many thanks for your patience. I am pleased to be able to continue helping with your query now. First of all, I am sorry to hear about the situation you have found yourself in.

Your rights will very much depend on any contract that is in place, or in the absence of one, on any agreement you had with them over the hours or days or any other working arrangements.

In the absence of any actual agreement over this, whether written or verbal, they can potentially change your working pattern as they see fit and as the business needs dictate.

Having a child and being limited in your flexibility as a result, will not really give you any extra rights, particularly as you are self-employed. Had you been an employee, you would have had the right to at least make a formal flexible working request to try and agree on a pattern that suits you, but you do not get these rights as a self employed worker, unfortunately.

The self employed are often left in a difficult position where they have to juggle their work as best as they can, or not be able to do it, in the event the employer cannot be flexible with their requests. As you do not have legal protection over being asked to work hours which do not agree with your child caring arrangements, it means that you are left to try and resolve this directly with the company.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 10 days ago.
I’m not self employed to them though as they pay the same set wage my main employer set as they made the agreement at the beginning due to my main company not being able to give me the hours in my contract. Am I not able to discuss it with the main employer as they made the initial agreement with the other company ?
Customer: replied 10 days ago.
But they pay it to the main employer who I’m on pay roll with

So are you officially an employee of that company?

Customer: replied 10 days ago.
It’s on a contract with main employer that I’m sub contracted out to them but no hours or days we’re stated.

Ok I think the confusion was with the term ‘subcontracted’ as that generally only happens with self employed workers. So are you on something like a secondment?

Customer: replied 10 days ago.
It’s not the same organisation, it’s a different company but because the main company I’m employed through couldn’t give me the hours so they sub me out to another company who they invoice each pay for my hours to cover my pay.

thanks and what would happen if you did not wish to work for that organisation any ore, was it mentioned whether your original role would be available for you?

Customer: replied 10 days ago.
Nothing has been mentioned or discussed regarding that with the main company although they have took some one else on who does my job title also.

Ok thank you. You can certainly raise it with the main employer but they cannot force the other one to change their approach. In the end, it is a case of playing by their tune, but if that is not possible then you can request that you are allowed to return to your substantive post, or at least to that employer because that is who your contract is with and who you can expect to work for. Once there, you will have the right to make a flexible working request if you are still having difficulties with this.

https://www.gov.uk/government/publications/the-right-to-request-flexible-working-form

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

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