How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44882
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Ben, I work door step lending company on a self employed

Customer Question

Hi Ben, I work for a door step lending company on a self employed basis, my original contract some 14 years ago says I get 10 per cent commission on all collections but approx. 3 years ago the company introduced a debit card payment facility for my customers to make there weekly payment after a few months the company then reduced my commission from 10 per cent down to 8 per cent claiming that it was due to banking fees . I wondered if this was the case because I thought bank charges were tax deductible so these charges shouldn't be passed down to us . every time I bring my complaint up I get told to be quite or risk losing my job, this situation currently costs me around £35 a week in lost income i know that's not a lot but over 3 years its adding up. hope you can help many thanks john
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.
Hello, did you ever challenge these changes at any point?
Customer: replied 10 months ago.
only with my section manager who said the bank charges over the year were too much for the company to swallow so the cost was passed down to the collecting reps (approx 150 reps nationwide ).when I would say banking charges are tax deductible by the company I was allways told im wrong and to shut up or lose my job,,john
Expert:  Ben Jones replied 10 months ago.
Hello, sorry I was offline by the time you had replied. Whilst you will have some rights here, they will not be that strong due to a number of factors and I will explain these below. First of all these changes were introduced 3 years ago. If you have continued to work for the company throughout that time and these changes had applied to your work, then there would be an implied acceptance on your part. This means that by not formally challenging the changes (you may have complained but did not take it further) and by continuing to work under the new terms you have basically signified your acceptance to these changes. It is called an implied acceptance – it is not done formally or in writing but due to your actions it is assumed that you have accepted the changes. The other issue is your status as self employed rather than an employee. This means that you do not have protection against unfair dismissal and the company can dismiss you for more or less any reason simply by giving you the contractual notice period you are entitled to. So yes, you could push them further and try to change this but they are right that they could easily just terminate your employment with them and you would not be able to challenge it. So you will have to consider what is more important here – keeping your job or trying to change these terms with no guarantee of success. 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
Expert:  Ben Jones replied 10 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    661
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions