I left my job at the end of April and now work freelance for the same company as well as others. I'm having some difficulty understanding whether under EU/UK law I fall into the worker category or not. My partner who is also freelance in TV insists that I am a worker under this legislation (one of the companies she worked for makes this point to all their freelancers) however the company I was employed by and now do freelance work for disputes this.
I've done some reading and I'm not smart enough to tell decisively and whether I should be adding the 10.77% holiday rate to invoices or not. The short of it is I work for them on an ad hoc basis, I can't nominate someone to come in to work in my place, I invoice based on an hourly rate.
Hopefully someone here more intelligent and well versed can help me.
as well as others
as well as others
Other people do this, or you work at other companies?
If it's other people, it sounds like you are a worker, as most of the tests for self-employment / contractor would be failed.
The rules around IR35 are so vague and open to interpretation I don’t think there is such thing as a definitive answer. HMRC has recently been defeated in the courts and told it is interpreting its own rules incorrectly.
In effect it’s whether you are in reality an employee (Employment rights, wage the same, working practice the same, etc) or a dispensable resource used on an ad hoc basis by your client/s. If you don’t have the benefits of being an employee why would you go inside IR35.
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