I have been approached by a client who was previously employed by a company but then was told to resign and to tax himself as a self employed person. For a few months he worked from home after losing his space in the office and went from being on a base salary to commission only, although his commission is higher than what he received previously.

As far as a I can see he services the same clients (although is also actively seeking new clients) and his role is primarily the same although he is now meeting all expenses etc personally.

Going forward his client (the ex-employer) has said he can use their office facilities and also use his old company car as it is still under lease and he has therefore agreed to take a lower commission for being able to use the car (Reduced by the amount of the monthly leasing costs).

I think that this still indicates towards employment but would like others’ opinions.

If he is employed on commission only how would his holiday pay, sick pay etc be calculated??