Freelancer being forced to go on the payroll

imeldabye

Hi all
I have a client who's been freelancing (designer) for a clothing company for 2 days a week (they pay when he invoices them- ie when he goes in) for around 3 years. company has said they can't have him as a freelancer any more, that they are legally obliged now to employ him?
is that right?
thanks

Gem7321

Have a look here

http://www.hmrc.gov.uk/calcs/esi.htm

My first thought is that it sounds like he should be employed. Do they provide his equipment or does he use his own? Does he choose which 2 days he works or do they decide?

imeldabye

well he does go in on the same days each week, but they arranged this by mutual consent. He uses their own equipment but takes his own mac in to work on. he doesn't get paid for days that he can't go in if one of his kids is off school...
thanks!