From employed to self employed, can this happen?

[tigwig]

My husband is employed in the construction industry (but not with any contract) and has had 2 weeks off over Christmas the same as everyone else. He has spoken to someone he works with today and he told him that their boss is on about them all going self employed as he is fed up that he has had to pay them all holiday pay! Can he do this? He completely takes the mick anyway and pays them peanuts for it.

[ummmm]

Not sure. But to be classed as self employed you cannot work for just one employer.

[chrissa1]

Ditto ummmm. I'd be interested to hear others thoughts.

[Borrheid]

By not having issued a contract the employer is in breach of employment law. A "statement of particulars" must be supplied within 12 weeks of starting work.
Becoming self employed is a decision an individual makes as it has implications for many areas- tax, NI, accounts, benefits(most can't be claimed), mortgage applications to name a few!
Sounds as though the "employer" is abdicating responsibilities!

[ummmm]

You use to be able to do that Doc....not anymore though.

[philkool]

if your self employed you dont work for anyone now

[tigwig]

He is definitely trying to pull a fast one shall we say yes. My husband has no contract because the work is not guaranteed and he can work 15 hrs a day for a week or so then have nothing for weeks. Its very hit and miss and I'm amazed he has been paid holiday pay for Christmas as when he's needed a day off before he's had to take it unpaid if they were all working. We will wait to hear whats happening from the boss himself anyway and take it from there. Thanks for the answers.

[cassa333]

I read once that the dwp or tax office (whoever it was) had a clause in it somehow that just because you are classed as self employed by your 'employer' doesn't mean you are.

It was far to complicated for me to understand but it was something along the lines of one employer who doesn't allow you to work for someone else and who (very graciously) pays your stamp etc for you is still your employer.??