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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44961
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hi iam self employed and work for a dealership as a driver

Customer Question

hi iam self employed and work for a dealership as a driver we have had a new manager for about 18mths but i have been doing driving work for the firms buyer as well which has not gone done well with the manager as he has now employed a friend and leaving me to do odd jobs round the site like picking up litter or sweeping or washing the cars while his friend is getting the driving trips this is not helping my back which i hurt in a moterbike accident in 1975 and is weak the manager nows this and it feels like hes been trying to get me out for awhile now and iam not sure when the buyer will need me again
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please follow this link and let me know if you believe yourself to be an employee or self employed

http://www.hmrc.gov.uk/employment-status/index.htm#1
Customer: replied 3 years ago.

for Ben Jones only hi yes iam self employed and have worked for the firm since leaving royal mail in 2007 i should work three days a week with a total of 24 hours or 8 a day but if needed have worked more days today i got sent home at 3pm as could not do a trip as i could not be late back as had somewhere to be at 5-15 so he sent me home and told me not to come back anymore as he says iam not reliable and some other stuff which i can not remember but he has had the other driver doing the trips all day while i was doing some valiting of cars

Expert:  Ben Jones replied 3 years ago.
If you are self employed your rights will not as extensive as those of an employee and you will mainly be covered only by the terms of any contract or agreement that you have entered into with the employer. Simply, that means that what you and your employer can do will be limited to what was agreed between you under the terms of such an agreement.

First of all you need to check if you are prohibited from working for clients or other specific parties. I would not expect this to be the case though because as a self employed person you can more or less work for whoever you want.

So you need to consider whether your employer is now acting in breach of contract. Are they not adhering to their part of the agreement. Are they not giving you the jobs which you were employed to do? If that is the case, as it appears to be, you can argue that they are now acting in breach of contract. The issue is that they can always terminate your employment by giving you sufficient notice so there is nothing stopping them from doing that if they want to. However you can challenge them and state that by not giving you the jobs you are contracted to do they have acted in breach of contract and that you are asking them to start adhering to the contractual terms and give you the jobs you have always done.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you

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