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chris1965

Help/Advice needed re: Employers and status

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Hi

 

I hope i have posted in the right place. Am new here, as needed advice. Sorry if this is long, bear with me.

 

2 months ago i applied for a job which was advertised as Receptionist for a glamping business, i still have a copy of the advert and job description. The role described was to deal with customer bookings, admin and check ins. I was offered the job at £10 per hour for 5/6 days a week 10-6pm but was told i had to be self employed. At the time i had no problem with this as the wage and hours were great.

 

After the first week, it was clear to me that i was not a receptionist but a cleaner!! My role is to clean tents, change linen, clean fires, clean toilets and showers, fetch wood, do laundry and iron linen. That now is my sole job and the only admin work i have done is my employers VAT receipts. I am 52 year old lady and this work has been physically demanding as the site is built on a huge hill and i have to wheel barrow everything around. Despite this i decided the money is good so persevere.

 

Week 1 i worked 40 hours, so all the aches and pains were worth it when i got paid. Every week since my hours have diminished gradually so that now my best week is 27 hours and still going down.

 

After 4 weeks i tried to register as self employed but was told my status should be employed as i am working for one employer and using their equipment etc. I spoke to my employers and told them i had to be employed. They bury their heads in the sand and refuse to give me an answer as to what they are going to do. Finally last week, after pushing them they told me that they will employ me but on a zero hour contract and that my hourly rate would go down. Obviously i am not happy with this as i know i have less control over my hours and salary.

 

To date that conversation has not been mentioned again, no contract and this week even less hours and yet back breaking work to try to fit in everything in my schedule. I have days off at short notice, hours cut daily, wages not paid on time and having to give constant reminders, they are never there so i have to deal with everything. There is so much manual work to do on site and I'm expected to do it.

 

Don't get me wrong @ 40/48hrs a week @ £10 an hour, its worth all the aches and pains but with an average now of 25 hrs a week if I'm lucky and still no employment status, i feel I'm being taken advantage of and at the end of my tether.

 

My question is this: Do i have a case for a employment tribunal? Any day now i can see me quitting as i cannot continue to work illegally for these people and certainly do not want to be on a zero hours contract.

 

Any advice would be greatly appreciated

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Before you go to an ET try speaking to HMRC and the DWP about your employment and tax status. they have many powers to force an emplyer to obey the law. You are employed, not self employed but some small businesses are too lazy or incompetent to work out the tax, NI, pension etc so jsut tell lies and ignore it.

 

You say you are at the end of your tether. Well this company isnt going to get any better, they dont want to pay you properly, dont want to pay your NI and pension contributions and so will sack you as soon as it is raised with them so take the initiative, dob them in and when you get news that something is happening walk away as you are entitled to on a zero hours contract and then consider the ET if you still wish.

Edited by honeybee13
Paras.

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You require two years service for most claims of unfair dismissal, and you have two months - so a tribunal is not a realistic prospect. But other than that I agree with ericsbrother - you should walk away. It isn't really good enough to say that you'd be willing to work for them if they employ you unlawfully for 40 hours, but aren't praised to do it for 25. Which is effectively what you have said here. You have had advice from HMRC and so you know that what is happening here is wrong, regardless of whether it is 40 hours or 4. You won't accept a zero hours contract, which I don't blame you for (and I would question whether it would be a valid zero hours contract anyway). So your choices are walk away now, or get another job and then walk away. And then report the employer. But personally I would report them now, because their failure to pay your tax and national insurance may come back to haunt you.

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Hi

 

Thankyou both for the advice, i really appreciate other opinions. It probably came across wrong i agree but no even at 40hrs a week i am not considering continuing without employment status. You are right about walking away and this week it will be done. They have left me with no choice, i have done no wrong, they have and yes i will report them as I'm sure they will get another mug in my place.

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