Employed or Self Employed - Confused!

[boona]

Hi there, I am completely confused. I have started working for a new telesales company which is office based. I have been told that I am "self employed", however the following rules apply:
1) I am paid a basic wage of �300 per week.
2)I have to start work at 9am and finish at 5pm Mon - Fri, (if I am late I may be fined �50)
3) I have to attend work at all times unless sick (if I do not attend work then I may "fined �50" for not attending work )
4) Holidays can be booked, but I must give as much notice as possible. If too many people have requested the same time off and I book my holidays too late then it may be refused.
5) Whilst at work, I must attend the toilet etc in break times only. (We get 4 breaks each day), if we do choose to go in between breaks we get told off!

I have always been under the impression that if you are self employed you choose the hours you wish too work and surely it is "illegal" tor them to fine or sack you if you don't?

How can you be sacked or threatened with being sacked if you simlpy need the toilet?

[buildersmate]

With that set of conditions, in my opinion you are definitely NOT self-employed. Look at the checklist that HMRC produces and draw your own conclusions.
http://www.hmrc.gov.uk/employment-status/index .htm
This has far more importance than the toilet breaks - if your employer thinks it is going to treat you as self-employed, it will not pay your employers NI and you will have to pay it out of your own pocket (about 11% or so of your pay).
There's nothing to prevent an employer putting a condition on its employees requiring them to be on time - but that's the least of your concerns - suggest you sort out your employment status.
This does not sound like a great company to work for.

[Ethel]

They are trying to dodge an employer's legal obligations that include paying PAYE income tax, national insurance, statutory sick pay, redundancy pay, maternity pay...

They are excluding an employee's rights to all the above and more such as claiming unfair dismissal...


You are obviously an employee, not self employed at all.

[Lil O'lady]

....Join a union for your own protection!.....they will help you with legal queries such as this one.

[boona]

My word! Thankyou so much for your response. I read all the details on the link you provided and my conclusion is that I am employed, however my company is insisting I am self employed and that I should declare myself as that within 3 months as I need to pay my own tax and insurance. I want to keep this job but I am worried that If I do not pay my own tax and insurance, then it will be me that gets in trouble!

[thugulike]

Your employer is liable for your tax and insurance if they fail to deduct them from you. You could have a word with HMRC employer compliance.

[cassa333]

Make sure you work out how much tax and insurance etc you will have to pay including pension and holiday pay contributions (as self employed you have to take this into consideration). Then work out if they are paying you a fare wage.......

[annietommo]

Tou must report this to HMRC who will investigate this for you and will take action against the firm. (I know I worked for them)

[boona]

Can I report then annonomously? They might fire me if I cause the company problems, I am a little worried about taking it up further.