Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : How much is owing please?
Circa £880 to the subcontractor.
Alex Watts : And it was in writing he was a sub contractor and agreed to the retention clause?
Absolutely. That is correct.
Alex Watts : On what basis therefore is he claiming to be an employee?
He has, apparently, sought legal advice which has determined that; by the nature of his constant employment for our company over the period, he should be treat as an employee. On the contrary, during the period he also undertook private work for his own clients, but I'm sure that this will not feature within his account to his solicitor.
Alex Watts : Was he required to do set hours with you, or as long as the work got done he could come and go as he wished?
A mixture of the two really. We all have to work within the hours set by the main contractor as they themselves are in contract and have planning regulations to abide by. Therefore he had to work site hours, but if he worked late to achieve a target on one day, he would not be bound to remain on site the next day... If he achieved a 5 day target in 4, he would not be criticised for having the 5th day off (in theory).
Alex Watts : Ok I had initially this was a contact dispute but let me look up the rules.
Thank you. Would it help if I were to email across the induction form that the supervisor signed prior to him commencing work?
Alex Watts : ok, yes please, attatch it here
Hi Alex. I've tried to paste it into the dialogue section but have been unable to, (possibly due to it being in PDF). I could send it via email attachment if you have an address that can be used.
Alex Watts : You can but it will take u
Alex Watts : ip
Alex Watts : it will take up to 24 hours
Alex Watts : Put for my attention Alex w, as there are two of us!
Alex Watts : That goes to admin who forward it on,
Hi Alex. Thank you for this. I have sent the email and attachment for your attention.
Alex Watts : Ok thanks