Can I be forced to be self-employed?

Q & ACan I be forced to be self-employed?
TG asked 2 years ago
1 Answers
Julia Kermode Staff answered 2 years ago

In theory no. However, some unscrupulous employers are forcing people to work for them on a self- employed basis which saves the employer paying their national insurance due from having that individual work for them. In addition the “self-employed” person has absolutely no statutory rights or benefits, meaning that they are not even entitled to receive national minimum wage, nor rest breaks, holiday, pension contributions etc.

If you are working on a self-employed basis for someone, then this by definition must be something you have specifically set out to do. You should be setting your pay rate, and you should also be aware that you have no employment rights and perhaps this will be reflected in the rate you charge for your services.

A business cannot force you to be self-employed, however some seek to do exactly by false self- employment which you can read more about here. This practice is abhorrent and should be stamped out.

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