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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 55285
Experience:  Qualified Solicitor
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I am self employed fitness instructor. I have been working

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Hi there, I am self employed fitness instructor. I have been working for one company for 2 years now and they are unreliable and I'm looking to start working for other studios alongside them. However they recently sent me a new contract asking me to sign it which solely ties me into working for only them but not on salary or as an employee. They threatened to take my classes off me from tomorrow if I don't sign before letting me even meet hem to discuss changing some points in the contract. Please help.

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

What reason did they provide for doing this?

Customer: replied 10 months ago.
No reason at all. The current contract I'm on has no end date on it either. There are points on the contract I feel must be illegal also, shall I send contract over?

Yes if you could upload it that would be great.

Customer: replied 10 months ago.
I've uploaded now, let me know it has worked and I'll also read the points I don't agree with and let me know your thoughts

OK, 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.

Just to clarify, checking the contract and advising on its contents is a premium service and will be charged extra, if you do not want that I can just discuss your general legal position in terms of issuance of contracts, challenging that etc?

Customer: replied 10 months ago.
Hi Ben, how much more will that cost?

l will submit a proposal shortly

Customer: replied 10 months ago.
Ah ok thank you. Can you comment on what you can just now and I can decide after if I want to pay for further advice? Thank you.

ok leave it with me for now I will reply as soon as I get home from the office, thanks

Customer: replied 10 months ago.
Thank you

Many thanks for your patience, are you able to upload the contract you are currently working under please?

Customer: replied 10 months ago.
Hi Ben, I can't find the signed copy but I think this is it. It was sent to me last April.And I had signed a 3rd one back in 2016 when I first started teaching classes for her that was very relaxed and didn't refer to me as an employee.Again none of them have expiration dates or pressure to sign new contracts?Thanks for your helps
Customer: replied 10 months ago.
Hi Ben any luck?

Hi there, sorry I was offline most of today as I was in court. OK so I have checked the contract. Whilst it does not have an expiration date it does have a clause allowing for termination through notice. In effect if the employer is asking you to sign a new contract, then it is up to you whether you do so and no one can force you to do this. If you refuse to sign the contract there is nothing stopping them from terminating the current contract you are on as long a they give you the required notice under it. It is very unlikely you will be classified as an employee in the circumstances so you will not be able to challenge any termination and the reasons for it, just the right to receive the required notice period as stipulated in its terms. If you have not signed the new contract you can easily reject it and you will not be bound by its terms, but do bear in mind that it could jeopardise the contract you are currently working under. Do let me know if you need further assistance or want me to clarify anything

Customer: replied 10 months ago.
Hi Ben that's great thank you for clarifying.
Are you able to let me know if they are allowed to call me an employee and call themselves an employer if I am self employed and they don't pay holiday/sick pay or any taxes on me?

To be honest what they refer to you as is irrelevant – your employment status is not determined by what you are labelled as and it entirely depends on how you are treated – so you can be called an employee by them, when in fact legally you would be self employed

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