am i self employed, or a worker(contractor)

[wjames]

can someone point me in the right direction - am i self employed or a contractor - and as such, what rights do i have ?

 

I pay 20% tax at source ( CIS)

I have regular working hours every day ( can't work whenever i want)

I don't get paid holidays

I don't get sick pay

 

From what i can gather, im a contactor, as someone who is self employed gets to pick his or hers own working hours. As a contractor, am i not entitled to some kind of holiday pay ???

 

Any thoughts ?

[honeybee13]

Hello there.

 

Here's a link to the directgov explanation of employment status in case it helps.

 

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/DG_10027916

 

My best, HB

[san_d]

 

I pay 20% tax at source ( CIS)

 

Are you PAYE or a limited company? (If you're asking I guess you're not a ltd).

 

If PAYE, are you paid by the company, an agency or an umbrella company?

 

If you're paid by an umbrella you don't get holiday and sick pay, but you have most expenses refunded.

[wjames]

I get paid by the company i work for, and they give me a weekly wageslip showing my only deduction as 20% CIS, hence PAYE/CIS

[honeybee13]

Hello there.

 

If I've understood, CIS is to do with the building industry? It seems to have its own rules, but they seem to be predictable.

 

My best, HB

[ashmk]

My old employer did this to me.

 

If your CIS, your self employed. If you ask the inland revenue they will say something like you should not be working for just one company.

 

 

If you are working for just one company then what they are doing is keeping you self employed to avoid paying holiday pay etc.

 

 

They will get investigated if you report them, my old firm did and they got into trouble.

[wjames]

i always defined self employed as being able to pick my own working hours, and being responsible for earning money. I get a earfull if i take a day off, but yet i don't get any holiday pay. grrrrr.

 

 

 

Did you get your holiday pay back ashmk ??

[ashmk]

Nope, I got nothing. I eventually left. The thing that pi**ed me off the most was I didn't even get a thanks at the end of the week.

[wjames]

I'm reckon i'll be asked to leave shorty after refusing to work whilst i had health and safety concerns.

 

If i am, tribunal for holiday pay as a minimum i'd think. seems fairly clear cut.

[ashmk]

Also tell HMRC, they will start poking about in their affairs then.