I have no idea what to do to be honest. If I continue to work under their company using my sole trader insurance, it is legally wrong,they do not have employers liability insurance, my public liability insurance doesn't cover them aswell, only my own sole trader company.
They have breached contract with regard to holiday, they have not given me any payslips since last September, even after many requests for them.
They have been unfair and I want to walk away from them immediately, but I signed a contract with them stating that:
'Upon leaving the company I agree not to undertake provision of the same services/products as supplied by the Company either from my own business, or the employment of a competitor to the Company, for a period of two years, unless this is specifically agreed by the Company. The Company will only enforce that which is reasonable to protect it's business'.
There is a anti-bribary paragraph on the contract. It states it could lead to dismissal.
I don't feel they have left me much choice but to work under my insurance and tell them I can't legally work under them anymore, and furthermore, I am knowingly working for them without the legal insurance needed so this may cause me problems if this went to court.
They want me to still work under their instruction, but not pay employers liability and stop paid holiday as well, (this means I have lost two weeks owed to me from 2014). I was told to 'save up' if I need to take one in 2015. It has left me in a tricky situation, as there is no proof that I even work for them except the statement of my bank account which shows wages put in by the employers name and last month the wages were put in with the name of the town I live in. The company has changed it's name, and the contracts with the clients had expired in 2013. I was told by the clients that they weren't up to date and that they will not be renewing them but would like to use my named sole trader company. I know this all seems underhanded of me but I have no other choice but to see if I can take these clients for my own as I am insured and the company who has acted unfairly to me does not have any insurance.
This is the problem, so if I take their work from them, I can get into trouble. I think they breached contract as I mentioned earlier though.
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close this, I have dealt with the issue.