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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 8748
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can someone please respond, I was initially working as a

Customer Question

Can someone please respond, I was initially working as a employee through a contracting firm's sister concern (same directors) which is an umbrella company. I was paying PAYE and they and I were paying NI contributions etc. However, later i was informed i can work through my own limited company and I changed the contract through my own limited company. The reporting pattern did not change and everything else remained same. I was just not paying PAYE, Taxes and NI etc
Submitted: 4 months ago.
Category: UK Employment Law
Customer: replied 4 months ago.
Based on this can i argue it was employment or is it a futile attempt ? Any case laws you can quote ?
Customer: replied 4 months ago.
I am thinking in terms of proving it was indeed an employee and employer relation and not that of an independent contractor.
Customer: replied 4 months ago.
Furthermore, if you can kindly reply to the following - I was working on a client site / premises and was discriminated by other contractors. We all are working through a contracting firm. I brought the discrimination to the notice of the end user / client and they did not do anything about it. Can I make the client a party ? (Occupiers liability ?)
Expert:  Stuart J replied 4 months ago.

What are you trying to argue? That you are an employee and entitled to employee benefits including redundancy or such like?

What is the nature of the discrimination?

As much background detail as possible is really useful please. Thank you

Customer: replied 4 months ago.
Apologies. The contracting firm downsized as per client instructions and reduced numbers. However, my name has been unfairly included in the selection due to race discrimination and victimisation. I made some complaints against the contractor managers discriminatory behaviour in the past. I received a promotion just a month back based on fulfilling a set criteria.The contracting firm investigated my appeal against the contract termination and stated it agrees with the decision without giving any reason and rejected that its due to discrimination or due to my past complaints. I am trying to hold the contracting firm responsible (or equally responsible).
Expert:  Stuart J replied 4 months ago.

Thank you. This is not really my area so I will opt out another expert. Kind regards

Customer: replied 4 months ago.
okay, thank you. Can someone please respond ?
Expert:  Jenny McKenzie replied 4 months ago.

Hello my name is ***** ***** I am happy to help you today, how long were you engaged as an employee before you changed to contractor status?

Customer: replied 4 months ago.
2 months and then changed to self employed contractor. What I am trying to say is cant I argue that it was employment the whole time.
Expert:  Jenny McKenzie replied 4 months ago.

Possibly, can you tell me if you were treated any differently as a contractor than you were as an employee?

Customer: replied 4 months ago.
There was no difference at all. The treatment was the same for e.g. Reporting, i cannot send someone else on my behalf, i was not having any paid holidays or sick when I was an employee through the umbrella company and later when they changed it to a ltd company. I was receving an invoice instead of a payslip. It was just that I was saving money by not paying taxes and NI contributions.
Expert:  Jenny McKenzie replied 4 months ago.

How long did you work as a contractor subsequently?

Customer: replied 4 months ago.
2 years as a contractor
Customer: replied 4 months ago.
There was no gap between the two. They just made some adjustments and issued P45 and then I was getting paid as self employed.
Expert:  Jenny McKenzie replied 4 months ago.

Ok thanks, ***** ***** now take time to prepare an answer, you will receive a response shortly.

Customer: replied 4 months ago.
Ok, thanks
Customer: replied 4 months ago.
Just to add further, at all times I had to follow a specific shift pattern and i was not allowed to work from home or not allowed to work at any time I wanted to. I was told what to do and was having a manager (contractor) telling me what to do and they had full control on my work.
Customer: replied 4 months ago.
Hi ?
Customer: replied 4 months ago.
Havent got a response yet

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