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Employment advice needed

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Old 12 May 2009, 01:00 PM
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Cornelius
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Default Employment advice needed

One of the reasons I left Calor was that was working through an agency and I'm now directly employed.

I've heard a rumour that everyone working for the company who is weekly paid (which includes me) will be approached soon by one of the Directors and asked to go Self Employed.

This is something that I don't want to do as I won't be paid holiday pay or bank holidays to name some things.

If I said no to this, would it be legal if I was to be laid off? Got a feeling this may be the case and the reason of " The current economic climate" card used
Old 12 May 2009, 01:18 PM
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Spec'c'57
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Cant say for sure mate but a call to these might help.

Acas - How can we help?
Old 12 May 2009, 01:24 PM
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Nurse Gladys
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Hi there - don't panic too soon -it's not as simple as them deciding you are self employed.

The Inland Revenue have strict guidelines about who is an employee and who is self employed. In each area there is what is called a Status Inspector who will make rulings on your status.

I have just spoken to an ex colleague who says the water is very 'muddy' in terms of what you can & can't do, and it is best to try to speak to someone in the Status department of your local HMRC. They are the only ones that can make the ruling on whether you are self employed or employed.

The Inland Revenue website is pretty good, and does have some information on there but it is more aimed at employers.

If you let me know which area you are in (ie nearest town or office that you deal with for Pay as you earn) I will see if I can find out who is best to speak to.

If I can help further please ask - hope this has helped?
Old 12 May 2009, 02:21 PM
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Supercue
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Nice one Hilary

Good luck Paul
Old 12 May 2009, 05:33 PM
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mikef04
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hi mate, been self employed for years, but i have always believed that after i thinks it 35 weeks if you continue to work for the same company they have to put you on PAYE which is there responsablitly, unless you supply materials and labour, in your case diesel, lorry. There are ways around this but it always comes back and gets you. the best people i have found to talk to is CAB they should pointyou in the right direction.

mike
Old 12 May 2009, 05:55 PM
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Cornelius
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Thanks for the advice guys

Steve, I couldn't check the link out - the works server is a bit picky and I keep geting the error message that there's too many windows open connected to the internet!! Will have a look tonight!.

I'm not sure how they would do this, ie laying us off and going from there. Myself and the Logistics manager aren't happy and we're both going to refuse! My main concern is that I'm 5 grand down from what I was earning at Calor, the basic is a lot better, but I don't get the overtime like I used to. If I have to go self employed I'll be even more out of pocket with things like holidays!

My uncle is pretty clued up with employment law, so will have a chat with him - also would give me a chance to have a blast to Wickford in the Scoob
Old 13 May 2009, 08:42 AM
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Andy-C
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Good Luck with this mate. It's really frustrating when you think you have got you employment future sown up and some one comes along and kicks you in the knackers
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