 |
 |
Well said about the hours / milestones difference between freelance and employed. This is something I always have difficulty convincing clients about. In my experience you have to submit a brief for contracts to HLF. They shouldn’t have let this slip through. Vicky Dawson From: List for discussion of issues in museum education in the UK. [mailto:[log in to unmask]] On Behalf Of Richard Ellam Sent: 28 August 2016 16:40 To: [log in to unmask] Subject: Re: Should this really be freelance? Sorry, but this is definitely not a ‘freelance/self employed role’ This is a advertisement for someone to fill a part-time, fixed term contract of employment on an inadequate salary cynically dressed up as a freelance contract in a hopefully vain attempt to avoid paying employers’ NICs and to avoid having to provide the poor sod who gets the job with the basic entitlements of paid holiday, statutory sick pay and (if appropriate) maternity pay, and probably also to avoid having to make any employers’ pension contributions. The give-away is that the person appointed will be required to work a set number of hours per week, report to a manager in the organisation and to work alongside another part-time member of staff. The fig-leaf statement that the person can be flexible in how they deliver the work required really doesn’t wash given these other constraints. Proper freelancers don’t normally work a set number of hours a week on a job: they have milestones to deliver by agreed deadlines, and (within the constraints of the job) they have complete freedom as to how, where and when they do the work, with the flexibility to be able to effectively work for more than one client at once. They often also have the freedom to sub-contract work as they see fit, or to employ a substitute to undertake the contracted task. None of these things seem to apply in this case. You also don’t get many ‘proper' freelancers with significant experience working for £125/day - for London I’d expect to get at least twice that, if not something nearer three tomes the rate offered. It is worth pointing out again that HMRC takes a dim view of sham freelance contracts like this one, and they are more than happy to clobber ‘employers’ who try to pass off contracts of employment as freelance engagements with onerous penalties and fines. Quite what the Heritage Lottery Fund is doing putting money into a project that is being run like this is a good question, too. Does nobody exercise proper scrutiny over the management of HLF funded projects these days? Hope this helps In solidarity Richard. Richard Ellam L M Interactive Science Shows and Hands-On Stuff [log in to unmask] www.lminteractive.co.uk On 25 Aug 2016, at 12:11, Tehmina Goskar <[log in to unmask]> wrote: Dear Neil and all, Yes it should. And it isn't the first 'job' I've seen go to 'tender' that is in fact parading as a freelance or consultancy contract. One that was sent my way recently said "evening and weekend working will be necessary." What was offered was a cheap form of employment with none of the benefits for the freelancer. This job was funded by HLF, as are others that are not correctly remunerated or contracted. I have kept it and other examples (many posted to this list) to use in evidence to send to the Museums Association who are about to undertake a salary and workforce review as I am concerned the freelance workforce will otherwise be entirely left out of national deliberations about supporting the workforce, including pay and conditions. If you have any experiences or thoughts you would like to put forward, I am (unofficially at present) collecting them to ensure freelancers' experiences are fully represented. Best wishes, Tehmina -- Dr Tehmina Goskar, MA AMA [log in to unmask] http://tehmina.goskar.com/ Museums Association Representative for the South West. Chair, Cornish Culture Association <http://www.cornishculture.co.uk/> . Twitter: @tehm <https://en.twitter.com/tehm> and co-host @museumhour <http://twitter.com/museumhour> - the most fun you've had talking museums, Mondays 20.00 UK time. On 24 August 2016 at 18:06, Neil Dymond-Green <[log in to unmask]> wrote: Just spotted this advert for a Freelance Outreach & Learning Arts Programmer http://www.artsjobsonline.com/jobs/pitzhanger-manor-and-gallery-freelance-ou treach-learning-arts-programmer/ 3 days a week for nearly 2 years as a freelancer? Surely this should be a proper job with the employer paying NI etc? Can't imagine HLF or HMRC being that impressed... Neil + + + + + + + + + + + + + + + + + + + + GEM list: Contact the list owner for assistance at [log in to unmask] For information about joining, leaving and suspending mail (eg during a holiday) see the list website at https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=GEM + + + + + + + + + + + + + + + + + + + + -- Dr Tehmina Goskar, MA AMA <mailto:[log in to unmask]> [log in to unmask] http://tehmina.goskar.com/ Twitter: <https://en.twitter.com/tehm> @tehm and co-host @museumhour <http://twitter.com/museumhour> - the most fun you've had talking museums, Mondays 20.00 UK time. + + + + + + + + + + + + + + + + + + + + GEM list: Contact the list owner for assistance at [log in to unmask] For information about joining, leaving and suspending mail (eg during a holiday) see the list website at https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=GEM + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + GEM list: Contact the list owner for assistance at [log in to unmask] For information about joining, leaving and suspending mail (eg during a holiday) see the list website at https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=GEM + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + GEM list: Contact the list owner for assistance at [log in to unmask] For information about joining, leaving and suspending mail (eg during a holiday) see the list website at https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=GEM + + + + + + + + + + + + + + + + + + + +