student2301
Registered User
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This is an Irish website. You appear to be based in the UK?
ah yes! Sorry I didn’t realise this was an Irish forum! Cheers for letting me know
The principle is the same in Britain and in Ireland.
The restaurant is treating you as a self-employed sub-contractor rather than as an employee. The room for discussion is based on the possibility that they may decide to hire you as an employee.
However while your contract may describe you as a self-employed sub-contractor, the law may define you as an employee despite what is in your contract. There is an overview of UK law here https://www.gov.uk/employment-contracts-and-conditions.
If you have been incorrectly classified as self-employed you will could challenge that and if you are successful the upside would be substantial, in terms of NI, Holiday pay and tax (any tax liability will fall on the employer rather than you). Your "employer" would of course be very unhappy with you.
The contract also says that i an not entitled to any employment law rights? Can this be legally written in the contract?? Seems very odd.
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