1. An introduction to Your Rights at work SUARTS Advice Leanne Good Xhibit 2015 Professional Development Monday 23 rd March 2015

2. What we’ll cover Employee or Self Employed What are the benefits of being employed vs self employed? What are the negatives of being employed vs self employed? Status and entitlements, why is it so important? Self employment, contracts and tax.

3. Employment Status Employee Usually works regular hours, regular payments at regular intervals. Contract of employment – express or implied – Carry out the work personally – Obligation to provide work and to accept work – Control Worker Generally will work casually (freelance, zero hours etc.). A worker’s employer doesn‘t have any legal obligation to give them work to do. Volunteers May not be legally entitled to the National Minimum Wage because they have no structured tasks or attendance requirements. Agree to offer their services freely and voluntarily. Generally for a registered charity/voluntary organisation. Self Employed – Control over work and can decline work Provide own equipment Invoices Work for multiple companies Other party is client or customer

4. Legal protection – Statutory Rights All entitled to – Protection from discrimination – Healthy and safe working environment – Paid for work you have done (except where you a genuine volunteer) Employees and workers enjoy important statutory rights including – Paid annual leave (5.6 weeks inc. bank holidays) – National Minimum Wage – Protection against deduction from wages – Whistleblowing – Weekly/daily rest breaks In addition, employees get – Maternity/Paternity pay – Notice of dismissal and written reason – Unfair dismissal (2 years) – Redundancy payment (2 years)

5. How do you protect yourself if you’re self employed? Contract – terms of negotiation – Pricing Rates – When are you getting paid? Deposit – helps to bring down cash flow risk– who are your really doing business with? Interest on late payment. – Expenses – Deadline – Agreed contact point – Nature of work – Revisions/changes – Intellectual Property Rights – On what grounds can the contract be terminated? – Get things in writing

6. Tax and legal formation Employee Your tax and National Insurance will be deducted at source and you’ll get the net pay. Most people can earn £10,600 before they start paying tax. Sole Trader You and your business are the same legal being Tax returns The tax year is from 6 April - 5 April – submit tax return in January Easy to set up with HMRC – register for self assessment and trade There’s a self assessment helpline that can assist. You need a National Insurance number, if you don’t have one you can apply through the job centre. If you start to make a lot of money you might need to register for VAT. There’s a helpline you can call. Limited Company You and your business are two separate legal beings You’ll need to file 2 tax returns – one for the company and one for you Use an accountant Registering your name with Companies House doesn’t protect the intellectual property of the name

7. Useful information – Questions? Factsheets today:- –Employment Rights –Internship Rights (Employment Status) –Self Employed – interest on non-payment –List of free legal advice centres SU ADVICE – 02075146270, advice@su.arts.ac.uk, http://www.suarts.org/advice/employment-rightsadvice@su.arts.ac.uk http://www.suarts.org/advice/employment-rights Trade Unions – Artists’ Union England, or go to Trade Union Congress (TUC) for a full list of Trade Unionshttp://www.tuc.org.uk/britains-unions, click on “join a Union” and use the “Union Finder” tool.http://www.tuc.org.uk/britains-unions ACAS website – loads of great guidance and they have a helpline - 0300 123 1100 - http://www.acas.org.ukhttp://www.acas.org.uk Government website - https://www.gov.uk/browse/workinghttps://www.gov.uk/browse/working