Self Employed by a Company
By Suzanne Keenan, Head of Employment
Many companies offer self-employment roles, notably delivery companies, where drivers often operate under self-employment terms. In most cases, this does not present problems, however the distinction between being employed and self-employed may not always be clear or defined – and this is where problems may arise.
The Citizens Advice Bureau highlighted this growing issue – termed ‘bogus’ self-employment – in a recent report, estimating that up to 460,00 workers in the UK could be wrongly self employed. For some workers, although they may be operating under the title of self-employed, in reality their role and responsibilities resemble those of an employee. If this is the case, then unfortunately many could find that they are losing out on a range of entitlements, including: minimum wage, sick pay, holiday pay and pension contributions.
How do I know if I am affected?
If you are self-employed by a company, and have concerns in regard to your job role and duty, they may need to revise your job status accordingly. You are likely to be deemed as an employee if:
You are not in control of when you work or how your work is performed
You are not doing work for other employers
You do not invoice the company; instead the company determines how much they will pay you
The company determines if and when you can have time off
The company provides some or all of the tools required for you to carry out the work.
This applies to me, what can I do?
If you have concerns about your role, you should speak to your employer directly to address these issues. If you feel that a suitable resolution cannot be achieved, then you should seek legal advice from MKB Law.
We can help determine whether you have grounds for a claim. Bringing such a claim may result in back pay being issued and/or more favourable employment rights going forward.