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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44944
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am self employed courier working for Hermes delivering home

Customer Question

I am self employed courier working for Hermes delivering home delivery parcels.I live on a narrow road, we have adelivery every morning,some times the road is difficult because of parked cars.I have done this job for 14 years and they have probably been unable to get to me because of this situation approx. 10 times. the lorry has had minor incidents ie: three times the latest 17/5/14 (they caught a wall after they had delivered to me )Now the depot manager says they are not delivering to me unless I find an alternative delivery address.If I cannot find one they sayI will have to leave, I am contracted to deliver parcels which I have always done.Have I got any legal standing? Jennifer judge
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. have you a contract of employment and are you contracted to work from you home address please

JACUSTOMER-vtu7vt0r- :

Yes i have a contract to deliver the parcels,i believe i am contracted to work from my own addresss because they have delivered to me for the last 14 years to my home address.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

JACUSTOMER-vtu7vt0r- :

thankyou

Ben Jones :

Many thanks for your patience. Whilst you will have some rights, these may be limited to an extent because you are self-employed and not an employee. That means you are not actually protected against unfair dismissal. This means the employer can dismiss you for more or less any reason as long as they give you the notice required under contract, or a reasonable notice period if one is not specified. Simply put, the self employed do not have much job security because they can be fired at any time as long as they get the required notice period – the employer is not expected to justify the reasons for the dismissal in the same way as with an employee and you also cannot make a claim for unfair dismissal.

However, you can argue with the employer that the proposed changes amount to a change of your contract. Therefore you may ask them to negotiate with you over an acceptable way forward where you are not simply given an ultimatum of changing your address or leave. Sadly any termination cannot be prevented if the employer wants to go down that route, due to the reasons above, but negotiation is the best option here, citing your long and unblemished service with them, the fact this problem is out of your control and trying to find mutual grounds to move forward.

Hope this clarifies your position?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks

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