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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47340
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am self employed and my contract has agreed hours and pay.

Resolved Question:

I am self employed and my contract has agreed hours and pay. However, my employers have decreased both my hours and pay without notice. They have told me that as a self-employed person they pay me for hours worked at an hourly or agreed in advance. The
contract states "Hourly pay (£xxper hour). £xx for all other work undertaken." Which I take to mean space that they have 'rented' and pay me for. The contract also states; Hours per week "At least xxxper fortnight. Weekly sessions offered at start of contract
to provide cover." Can they not be forced to honour the agreement and contract?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. firstly can you tell me how long you have been working there and can you give me the nature of your work please.
Customer: replied 1 year ago.
Psychotherapist
I have been there 5 months
Expert:  Ben Jones replied 1 year ago.
Thank you for your response I am working in a tribunal today. I will review all the information given to me
and get back to you later in the day with my advice on how to proceed with this.
please do not respond to this as this may push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. Regardless of whether you are an employee or self employed, if you have a contract which guarantees your hours and pay, the employer is contractually obliged to adhere to that, otherwise they would be acting in breach of contract. So if they are not giving you the hours or pay you have guaranteed under contract that would amount to a breach of contract on their part and you could either treat the contract as at an end and move on or try to sue them for damages incurred as a result of their breach. You cannot force them to honour the original terms but you can pursue them for damages and losses incurred as a result.
This could be done through the County Court but before you do that you are advised to try and resolve this directly with the employer. You should contact them, preferably in writing and remind them that what they are doing is a breach of contract and that they should keep the original terms or they would be liable to pay you damages. If the matter cannot be resolved directly with them, your next option is the court route, should you wish to go down it.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
I want to be absolutely clear on this: the contract states "Dear *****, I am delighted to offer you a self-employed contract to deliver clinical supervision". " I attach a copy of the job description and confirm your hourly rate for clinical supervision will be £xx per hour". I received an email from HR when I queried the matter which said "You are self-employed and not employed in the role. As a self-employed person we pay you for hours worked at an hourly or daily rate agreed in advance. There is no formal contract of employment but an agreement for services. You invoice the organisation for the hours worked and these are paid as a supplier invoice, not via payroll. With any self-employed arrangement there is no guarantee of minimum hours or minimum payment. Is your advice still the same?
Expert:  Ben Jones replied 1 year ago.
Does the contract not mention a specific number of hours you are guaranteed? You state it says you will be given at least X number of hours per fortnight so if they do not honour that they would still be in breach of contract regardless of whether you are an employee or self employed
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