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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48793
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a self employed delivery driver company that deals

Resolved Question:

i am a self employed delivery driver for a company that deals only with amazon the company pay our tax and insurence then pay us weekly into our bank i have now been told that due to high concessions i have to go out with another driver to be retrained but this means i have to do a day delivering without pay a concession is defined as (a customer saying they havent recieved there parcel even though the go code says your were at the right place) you cant challange this with the customer and if you dont do the retraining they say i will have to leave even though i have been there nearly two yrs what i would like to know is can they legally make you do this and what rights do you have if you didnt and they let you go
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Does the contract say they can do this?
Customer: replied 2 years ago.

no

Customer: replied 2 years ago.

i have asked for copies of everything signed contract wise not received them yet but i remember reading them and at no point did it say anything about having to be retrained and not getting paid for this so can you tell me were i stand legally

Expert:  Ben Jones replied 2 years ago.
The starting point is that your rights would be those as defined in your contract. This is what you and the employer have agreed to work under and it is what both of you would have to abide by. If the contract does not say that you can be asked to work with no pay then if they go ahead and do so you could pursue them for breach of contract. However, you can only pursue them for the losses you have incurred as a result of that breach, which in this case would be just the pay you missed out on for that particular day.
The issue is that as self employed you do not have any protection against unfair dismissal. This means the employer can dismiss you for more or less any reason and all they have to do is give you the required notice period under contract. So they could actually decide to dismiss you if you do not follow this new rule, even if it was not in your contract. You could pursue them for the missed pay on the day but they could in turn dismiss you and as long as they give you the notice period you are due, they would be acting lawfully. So in many respects they have the upper hand here.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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