Unfair Dismissal for the Self-Employed
If your contract was unfairly terminated, you may have more rights than you think. While only 'employees' can claim unfair dismissal, you may have been misclassified. Our expert solicitors can assess your true employment status and fight for your rights.
Your Contract is Not the Final Word
In the UK, a tribunal will look beyond the label in your contract to determine your true employment status. Many "self-employed" individuals are legally considered 'workers' or even 'employees', granting them significant rights. See the key differences below.
✓ Employee
Has full employment rights, including the right to claim unfair dismissal after two years' service.
✓ Worker
Has some rights, such as minimum wage and protection from discrimination, but cannot claim unfair dismissal.
✗ Self-Employed
A genuine independent contractor with minimal employment rights. Cannot claim unfair dismissal.
How We Can Help You
Our first step is always to determine your true employment status. From there, we can advise on the best legal action to take.
Employment Status Assessment
We conduct a detailed analysis of your working relationship to determine if you were misclassified as self-employed.
Assess My StatusUnfair Dismissal Claims
If we determine you were an employee, we will represent you in a robust claim for unfair dismissal.
Start a ClaimDiscrimination Claims
Even if you are a 'worker', you are protected from discrimination. We can help you claim if you were dismissed for a discriminatory reason.
Fight DiscriminationBreach of Contract
If the company terminated your contract without following the agreed terms (e.g., notice period), you may have a claim for wrongful dismissal.
Discuss Your Contract
We See Through the Labels
Companies often use 'self-employed' contracts to deny individuals their rightful protections. Our solicitors are experts in challenging these arrangements. We conduct a thorough investigation into the reality of your working relationship to build the strongest possible case.
- In-depth Analysis: We assess factors like control, personal service, and integration into the company.
- Evidence Gathering: We help you gather crucial evidence like emails, rotas, and documents to support your claim.
- Robust Representation: We are skilled negotiators and litigators, ready to fight for you in and out of the tribunal.
Key Questions on Self-Employed Dismissal
Not necessarily. An Employment Tribunal will disregard the label in the contract if the day-to-day reality of your job was that of an employee or worker. The facts of the relationship are more important than the words used to describe it.
Evidence can include things that show a lack of independence, such as being required to work fixed hours, being managed by a supervisor, receiving holiday pay, using company equipment, or being prevented from working for other companies. We can help you identify what's relevant.
Yes, absolutely. For most claims, you must start the ACAS Early Conciliation process within **three months less one day** from your termination date. It is vital to seek legal advice as quickly as possible to ensure you do not miss this critical deadline.
Don't Be Denied Your Rights
If you were dismissed unfairly from a role that was labelled 'self-employed', you may be entitled to significant compensation. Let us assess your case.
Request a Callback TodayGet in Touch
0330 333 8797
info@wildings-solicitors.co.uk
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