Hello, my name is Ben and it is my pleasure to assist you with your question today.
Did they give you any reasons for this?
Because I had my car stolen
in may 2013
did you have a contract? Did it state you need your own car or did it also have a termination clause saying what the notice they had to give you to terminate your employment was?
Have a self-employed contract for services.
You use your own vehicle.no termination clause regarding notice
So have they stopped your partner's employment?
Yes as they have said he used a disqualified person
Did the contract allow for the work to be subcontracted?
should you wish to exercise your right to provide a substitute,you should advise us of your substitution in writing or telephone the details to the company
and was that done?
face to face in person with the field manager
ok and finally, you say he used a disqualified person - who was disqualified and why? Do they mean you were disqualified because your services were previously withdrawn?
in may 2013 they withdrew services due to theft of vehicle,but agreed to allow me substitute for another courier
As a self employed worker you do not have protection against unfair dismissal and the employer can terminate your employment either if you no longer satisfy the requirements of the original agreement, in other words you have acted in breach of contract, or they have followed any termination clause in the contract and given you the appropriate notice period.
There is an argument that you no longer met the requirements of the contract as you did not have your own vehicle, which was a specific condition of the contract. Whilst subcontracting may have been allowed by the company and this was approved, it does not stop them from withdrawing that consent at any time if they have good reasons to do so.
You cannot challenge the reasons or fairness of the termination because you simply do not have the legal protection and right to do so. All you can challenge them for is the potential lack of any notice period on termination.
Under law, only employees are entitled to receive a minimum notice period in the event that their employment is terminated by their employer. The self-employed do not have the legal right to minimum notice periods on termination.
Whether a self employed worker is entitled to a notice period will depend on their contract. If there is a termination clause that specifies a notice period on termination, the employer would be expected to give that notice if they wish to end the employment relationship.
However, it is often the case that no written contract exists, or there is no notice clause in it. In such situations, the worker can still expect a 'reasonable' notice period to have their employment terminated. This is because even in the absence of a written contract they will be working under an implied common law contract and to terminate such a contract a reasonable notice period is required. The only exception is if the contract was terminated because of gross misconduct, that is any misconduct serious enough to justify the employment relationship terminating immediately.
What is a reasonable notice period will vary greatly and will depend on the individual circumstances, industry practices, length of employment, frequency of payment, etc. There are far too many variables to consider, which means it is usually impossible to give a precise indication as to what would be reasonable in each case. It is therefore down to the courts to make that decision. The worker can nevertheless raise this issue with the employer and attempt to negotiate a reasonable notice period with them, a period that they will both be happy to accept.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks