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: Law
Satisfied Customers: 45291
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Employment Law. My husband works for a parcel delivery company

Resolved Question:

Employment Law. My husband works for a parcel delivery company he is classed as "self employed" but is anything but, he works approx 13/14 hours per day most of it driving 6 days a week at his interview Saturday was overtime... which is a lie as if you do not work it you are threaten with the sack, if you complain about the long hours you work you are threatened with the sack.. There is no Health & Safety as in one man delivering boxes marked "two man lift" and the van are sent out with out spare tyres but if you go to check the van over before leaving the depot you are told you do not have time to check and if you do not get on the road now you will be sacked.. Surely this is breaking nearly every law possible..
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long has he worked there for?

Customer:

Since the beginning of November

Customer:

Hello Ben are you still there

Ben Jones :

yes

Ben Jones :

Can you please go to this site

Ben Jones :

www.hmrc.gov.uk/employment-status/index.htm#1

Ben Jones :

and let me know if you believe he is an employee or self employed

Customer:

He has to pay his own tax and National Insurance so I can verify that he is classed as self employed and that was stated at his interview

Ben Jones :

ok it is irrelevant what he is labelled as by the employer and it is these questions that really tell you what someone's status actually is

Customer:

I have just had a look and the first lot of questions the answer

Customer:

  • Do they have to do the work themselves? \Yes

  • Can someone tell them at any time what to do, where to carry out the work or when and how to do it? Yes

  • Can they work a set amount of hours? No

  • Can someone move them from task to task? Yes

  • Are they paid by the hour, week, or month? Day

  • Can they get overtime pay or bonus payment? They do get a bonus if they deliver over a 100 parcel per day


If the answer is 'Yes' to all of the following questions, it will usually mean that the worker is self-employed:

Customer:

When I say the get paid by the day if is paid fortnightly

Customer:

  • Can they hire someone to do the work or engage helpers at their own expense? No

  • Do they risk their own money? NO

  • Do they provide the main items of equipment they need to do their job, not just the small tools that many employees provide for themselves? NO

  • Do they agree to do a job for a fixed price regardless of how long the job may take? No

  • Can they decide what work to do, how and when to do the work and where to provide the services? NO

  • Do they regularly work for a number of different people? NO

  • Do they have to correct unsatisfactory work in their own time and at their own expense? NO

Customer:

Does this help ????

Ben Jones :

ok let me consider this

Ben Jones :

I would say it is more likely than not he is an employee although only a court can decide for certain. As mentioned, it does not matter what someone is labelled as or how they pay their taxes, it is the overall employment relationship that dictates their status.


 


If someone is a worker and not self employed, they will have certain rights under employment law. For example, they will have rights under the Working Time Regulations such as:



  • Maximum of 48 hours working time a week, calculated over a 17-week reference period

  • 11 hours daily rest from the end of work to the start of the next shift

  • 20 minute break for every 6 hours of work


 


The employer will also have certain duties under health and safety laws to ensure the health and safety of their employees, for example conduct risk assessments and minimise exposure to any risks.


 


One issue is that unless someone has at least 2 years’ continuous service, they will not be protected against unfair dismissal, so technically they could sack him if they wanted to. But if the dismissal is because he has made a health and safety complaint (i.e. blown the whistle on the employer) then it could make it automatically unfair. So if he wants to protect his position he should consider raising a formal complaint with the employer over his working hours (if they breach the Working Time Regulations) and the health and safety issues. If he is dismissed as a result (which is still a possibility), then he could consider the automatically unfair dismissal route, although he will have to show he was an employee as part of that process.

Customer:

what about the Domestic driving laws are they being broken .... he starts work at 6.30 am to load the van and arrives back at depot anytime between 7 and 8.30 pm then ends the day unloading any pick ups

Ben Jones :

these only really apply to those driving goods vehicles (like HGVs) and passenger-carrying vehicles (like buses)

Customer:

Ok... Thank you for your help... which I am afraid we can not work on as we are not in the position of my husband losing his job...

Ben Jones :

it is a tricky situation, I appreciate - he doe shave rights but to pursue these may jeopardise his employment - the laws work in a restitutional way in this country - if a wring is done you can pursue the guilty party, but they cannot be applied to force someone to do something and act legally

Customer:

thank you again for your help.....

Ben Jones :

You are most welcome and all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

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:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    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

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice