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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10399
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hello, I have worked part time (m-f) for an employer who no longer wishes to pay me for holiday, as they said they have no wish to pay for employers liability insurance. I also work for myself as a sole trader and my policy of liability doesn't cover their company. I have a contract from when I started at the company stating they will give me 56 hours holiday paid a year. I have only taken 39 hours holiday. My employer told me a week ago that he would no longer be able to pay my holidays due to not be able to pay for employers liability. He wants me to use my policy to cover myself, but he does not yet know that my policy only covers my own business and not a third party. The offices where I work, the manager does not want to lose me as they find my work of high standard and know I have my own business. I had signed a contract stating I would not poach business from my employer, but as they have breached the contract with regards ***** ***** and the statutory entitlement, and have not given me any payslips since September, would they have any grounds to sue me or take me to court if I continued service to the work I already have ? I cannot be insured under the employer I am with so does this mean I had no other choice but to 'leave' the employers I work for due to being forced to accept unreasonable changes to conditions of employment without my agreement ( I said on the telephone that I wasn't happy with the new arrangement). The employer has not written a new contract and has not given the workplace I work at a new contract since 2013, it has expired, so what rights have the employer got and can I go ahead and take the contract from said employer ? Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you considering acting against the terms of the contract in any way?
Customer: replied 1 year ago.

hello Ben

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.

Thankyou

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.

Thank you.

Expert:  Ben Jones replied 1 year ago.

I have looked into your query in more detail but do not think I have the answer to your question. I will therefore opt out and let other experts take this further if they can. Someone should respond shortly. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Customer: replied 1 year ago.
Relist: No answer yet.
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

close this, I have dealt with the issue.

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