self employment when is not

[djvoodoopunk]

a member of my family works as a full time hairdresser for a salon.

 

She has no employment contract of any sort and she has to work there as a self employed since she joined the company 5 years ago. The shop works on commission 50% for her 50% for the shop all paid in cash. She also receive a fix payment £50 a week for managing the shop, and other staff rota and so on.

 

She is paid in cash, and the tax return organised by the shop dodgy accountant makes her look like she is working from home, or a mobile hairdresser, she receive no paid holidays or any other benefits.

 

We asked to have a contract several times, which never lead to anything and to keep the relationship good we never been too pushy.

 

Ideally this is full time employment not self employment.

 

Is there a way to obtain compensation for all the unpaid holidays that she never got? it is important to mention that they are very smart as there is no paper trail, no pay slips, no invoices, no proof of any sort.

[Bigredbus]

Hi,

 

Well, an important criterion for determining whether or not the relationship of employer/employee exists is the extent to which a person is under the direction and control of the other party with regard to the manner in which the work is done. This said it is a complex test, and I would ask you to look at the obligation on the employer to provide work, as much as to look at the obligation on the employee to do the work. It is a question of facts and those two elements, amongst others, are determinant in finding out if the member of your family is, or is not, an employee. As per requesting a contract, I would remind you that a contract is not an obligation, but a statement of employment is an obligation and must detail various fields of employment... such statement must be given to the employee within 2 month of starting employment.

[djvoodoopunk]

well I am pretty sure that someone that works for you everyday for the last 5 years is an employee. A self employed person can choose when do the work or can choose when to go on holidays, but she cannot choose it, she has to go when the employer decide it, for example.

I run a business and I employ self employed contractors, they decide whether want to accept the offer or not.

[Bigredbus]

Well, you obviously understand the reciprocity of such agreements. You have to carry on on that road if you want to help that member of your family, and a letter to her employer, stating the content of your previous post should make them think twice if they intend to deny their relationship or refuse to give her a statement of employment containing her terms and conditions of employment. Upon receiving such document or reply to that letter, you may want to come back to us to seek help and information about the best recourse to redress.

[postggj]

the difference between an employee and a worker is a contract of employment