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Cheers, Stimpy, but this mob simply don't give a f**k and my contractor status means I'll be fobbed off. Again.

Is it not the case that contractors can be regarded as employees for provisions like these depending on the character of the work they provide (e.g. if they report to a superior, are required to work regular hours/shifts in a particular premises etc)? Companies can't use "contractor" status to weasel out of things like minimum wage provisions if the character of the work provided is sufficiently similar to the nature of a contract of employment even if it's officially not one.

That said, it's probably easier if you can persuade an actual employee to kick up a fuss...

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Is it not the case that contractors can be regarded as employees for provisions like these depending on the character of the work they provide (e.g. if they report to a superior, are required to work regular hours/shifts in a particular premises etc)?

No.

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No.

DirectGov:

Normally if you are self-employed for tax purposes, you will be self-employed in relation to your employment rights. However, if you are self-employed for tax purposes it will not prevent an Employment Tribunal from finding that you are an 'employee' or a 'worker' for employment law purposes.

If he's contracted for a prolonged period and, as I mentioned above, is subjected to a superior, required to work a regular shift and he is not permitted to delegate the work he does to someone else, he could be treated as an employee for employee rights purposes notwithstanding the apparent situation of a contractor.

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DirectGov:

If he's contracted for a prolonged period and, as I mentioned above, is subjected to a superior, required to work a regular shift and he is not permitted to delegate the work he does to someone else, he could be treated as an employee for employee rights purposes notwithstanding the apparent situation of a contractor.

We have hundreds of contractors, who have worked in the same role for years, and the very same role as other people who are employees. We've had zero tribunals, or approaches regarding this.

The real world is different to what the government want to paint as the picture. ;)

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We have hundreds of contractors, who have worked in the same role for years, and the very same role as other people who are employees. We've had zero tribunals, or approaches regarding this.

The real world is different to what the government want to paint as the picture. ;)

He means well, Ruggy, but it's all still a black and white paper exercise for him. He's a very smart (and pleasant) lad, just lacking in practical experience.

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Ad Lib, as per, you are correct in theory, but not in practice. Something of a pattern is emerging...

There's an increase in pursuing these issues. Employment Tribunal cases have dealt with this a fair bit. The issue is less one of it "not being true in practice" but the majority of contractors not having cause for complaint or believing it worthwhile pursuing.

We have hundreds of contractors, who have worked in the same role for years, and the very same role as other people who are employees. We've had zero tribunals, or approaches regarding this.

The real world is different to what the government want to paint as the picture. ;)

Just because you had no tribunals, doesn't mean others haven't or couldn't.

He means well, Ruggy, but it's all still a black and white paper exercise for him. He's a very smart (and pleasant) lad, just lacking in practical experience.

It's not *that* much of a black and white paper exercise. I don't know if you saw the BBC Scotland documentary on the minimum wage about a week or so ago, but there were instances where people were being notionally put self-employed on commission but still subjected to a line manager and fixed working hours who, by the letter of the law, should have been receiving the guaranteed NMW. The big scandal was that there had been only a handful of prosecutions since the laws were introduced because the relevant government agency was woefully poor at enforcing it.

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Your fitting square pegs into round holes, Ad Lib. I'm not self employed so that I can earn less than NMW, I'm self employed so I can earn more, not less. As for implementing an employment tribunal, I have no just grounds (other than the need to wear a jumper) and I'm a limited company.

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Your fitting square pegs into round holes, Ad Lib. I'm not self employed so that I can earn less than NMW, I'm self employed so I can earn more, not less. As for implementing an employment tribunal, I have no just grounds (other than the need to wear a jumper) and I'm a limited company.

Aha. Those circumstances are unlikely to trigger it. Bit in bold is the material bit because a company isn't a natural person and in any case could delegate work. The issue with the NMW point wasn't as you were describing, but an example of a situation where Employment Tribunals will override the superficial situation and supplant it with employment rights.

Edited by Ad Lib
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DirectGov:

If he's contracted for a prolonged period and, as I mentioned above, is subjected to a superior, required to work a regular shift and he is not permitted to delegate the work he does to someone else, he could be treated as an employee for employee rights purposes notwithstanding the apparent situation of a contractor.

You're confusion indicators which determine employment status with entitlement to employee rights. You are either an employee - or you are not. You cant "choose" to be an employee just because it suits your particular desire at that moment in time.

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You're confusion indicators which determine employment status with entitlement to employee rights. You are either an employee - or you are not. You cant "choose" to be an employee just because it suits your particular desire at that moment in time.

Employment status declared by an Employment Tribunal can refer to little else than the attempted assertion of statutory employment rights.

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Aha. Those circumstances are unlikely to trigger it. Bit in bold is the material bit because a company isn't a natural person and in any case could delegate work. The issue with the NMW point wasn't as you were describing, but an example of a situation where Employment Tribunals will override the superficial situation and supplant it with employment rights.

Why are you telling me things that I already know?

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