What rights do contractors have?

Its complicated and lots of factors will be taken into account.
For example do you have a boss who you are responsible to and who tells you what to do. IF you do that makes it more likely you are an employee. Are you in charge of other employees?
Do you work the same hours every week as the rest or are there times you arent given any work?
Are you paid gross and responsible for your own tax. What NI do you pay.
I think every case is different and not one single fact will be decisisve. Id say if you do get pushed out its worth taking advice.

redundancy wouldn't amount to the amount you and your "employer" have defrauded in NI over the last 7 years IMO.

I'm my own boss, but I take orders from the depot manager just as the other full-time employees do. I work the same hours as the other lads and soemtimes do weekends. I'm responible for my own tax and NI. The only thing different really is that I pay my own Tax and NI. I sometimes pay a lad to do some part time work

Thanks for your help Harry.

sj 23 Nov 17:20


Wonder if anyone could help. I've been contracting for the same firm for the last 7 years all day to day stuff the only difference between me and the full time workers is that I have to hand in a invoice at the end of each month, and am not entitled to holiday and sick pay.
We're currently being taken over and the company who are taking over may look to drop my side of the business. With it being 7 years do I have any right to any sort of redundency pay? Cheers for any help

SJ, sorry you will not like what I have to say but you have no rights and are not entitled to anything.
Bite your tongue, wish the new people well and tell them you are always available to help out, if needed................................then pray it goes terribly tits up for them and they need to call you back.
Or, if you are clever enough you could MAKE SURE they need to call you back.

http://www.contractoruk.com/guides/contractor_employment_rights.html

This no good then?

in a word ...........................NO

thanks anyway

Just had a brief look...................................definately no.

I wish you luck.

So what are you trying to say?

That I dont think you have any rights. You are invoicing monthly, just like any other supplier and the company you are working for are your customer. As a customer they have the right to take their custom elsewhere.

no you are a subcontract entity who has no employment rights. There are lots of factors and a ot apertains to your contract and the way that it is enforced, but since you stated that you invoke your right to substitute your work to another person paid by you then that is a huge pointer towards "being in business on your own account" and so you can save anymore time and effort and forget any employment legislation.

You now need to look at the future. Can you take the business operation away with you? can you move to a competitor? can you change your skills to suit the business that remains?

Ok thank you for your help

You have no rights whatsoever. I was self employed
for 12 yrs working for same company full time. A colleague
took the company to a tribunal when they stopped giving
him work. He lost and had to pay expenses.

Hi SJ,

Did you run through your own limited company or an agency?

A lot of regulations have changed over the last couple of years and it really depends on a lot of factors!

Im a recruitment consultant for my sins so might be able to help, but helping isn't really what we do so I may not be very good at it ;)

no redundancy rights here laddo

In 99% of cases not, but you can be seen as having certain rights if you have worked at a company for a long period of time.

It is one of the reasons a lot of companies won't take contractors for longer than 2 years.

I'll get on to legal at work tomorrow and find out. I should probably know it inside out.

Completely wrong. He is a contractor invoicing the company. he has bugger all rights and rightly so. If he had been working for them via an agency then yes he would have but he hasnt.

Sorry m8, I was a contractor to Fujitsu for 6 years and when the telecoms industry dropped they dropped me and other contractors like a stone and employees who had only been there for a year were kept on. Not a chance im afraid

No need to apologise.

I was just offering to find out from people who know all the latest legislation inside out.

I haven't worked in UK markets for a while now, the UK isn't the place to be for Telecoms right now!