forced to go self employed

[kikimon]

My partners boss is thinking of making him go self employed. Can he just do this? He has worked for this company for over 10 years so should he be made redundant first so he can get redunancy payment? The business he is in was hit by the recession but things are looking up. It is not easy though to find his own jobs if his boss is not providing him with enough work while being self employed. What rights has he got?

[WILLWONKER]

It sounds to me that his boss is looking for the best of both worlds, he cannot force him to become self employed, at the same time it apears he wants to try and use him when it suits but does not want him on his books as a full time worker, hang out until he makes you redundant.

[northernmonkey]

Depends on a large amount of things, it may be, he is still working on behalf of the company, could be, he has (ALONG WITH OTHER EX/CURRENT) employees, been told he is being made to go self-employed, then, once the company becomes able to employ pepole again, he will no longer be required to work for himself as he will be employed by the company, with a fixed wage (unless it is comission based work). Is hard to give you an accurate answer without all the details. Maybe, your local citizens advice would be the best place to go, or call into your local job centre as advisors. I am not exactly sure as to if you qualify for legal aid,(advice from a solicitor) as he or she may be able to give you some advice which you would find useful.

[hc4361]

The tax office doesn't like this sort of thing and you cannot suddenly decide you are no longer employed but self-employed; or your employer cannot make that decision for you. Good information here
http://www.hmrc.gov.u...nt-status/index.htm#1

[buildersmate]

Yes, I'd already covered this point, HC, on the identical thread, providing exactly the same link that you have.
Unfortunately the question-asker decided to post it in multiple places.ating, isn't it?

[hc4361]

:( Very annoying. I was wondering where you were, bm.

[kikimon]

Thanks everyone for all your advice. The reason I have posted this in 3 different catogories, is because I was not sure which one to post it in. Wanted as many people to see it. As you can imagine, hearing this news shocked us a bit.

[buildersmate]

People who are active in Business & Finance are also active in Jobs & Education and Law (as a minimum - and possibly other sections). But these 3 generally go together.
The trouble is, one goes to a section, finds a question, answers it, then finds the same damn question elsewhere. It's easy for you - you can just copy and paste willy-nilly.

[crix1234]

The HMRC web site above is a good start as is the Business Link web site. Some employers to save money, make their work force self employed. This is to avoid paying tax and especially National Insurance, which is much more expensive as an employee and as a self employed person. Remember you are responsible for your tax and NI if you become self employed. Also note, self employed National Insurance will not count for Job Seekers Allowance should you become unemployed. You could contact your nearest HMRC office and ask a Status Officer for advice.