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: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I have joined a new company to work for as a self employed

Resolved Question:

I have joined a new company to work for as a self employed heating engineer. The company is a well known rather big maintenance company(aspect.co.uk) in London, UK. The problem is, that there is no contract, what the company pays us as self employed engineers, there is some rates per hour, but not in a contract. It is very unclear how much my earnings are. My direct manager is telling me rates that are not being payed, there is no detailed description or contract between us. It takes weeks to figure out that something is wrong, they pay monthly. For example one day they sent me around London to repair boilers, the usually promised pay was so different (they told me the client is credit account client and it pays based on 15 minutes or 30 minutes), that my parking and fuel was barely covered. There was an another job where I made a loss by working 4 hours included my driving.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What is your specific query about this?
Customer:

Are they allowed to operate without a clear contract, where the contract specifies every situation payment wise between us the subcontractor and them the maintenance company. If they are not allowed, what can I do?

Ben Jones :

There is no law that says self employed workers must have a written contract in place. This only applies to employees but these are not have the same employment status as self employed so as someone who is self employed, you will not have the legal right to ask for a written contract. Of course most employers will have something in writing so that both parties know where they stand and to avoid any disputes, but this is not a legal requirement. Regardless of whether there is a written contract in place or not, an implied contract would exist anyway and the terms of that would be determined by what was agreed at the outset or verbally between the parties. So it could be that some terms were agreed at the beginning, through discussions between you and the employer, the usual arrangements that have taken place over time, etc.

There is nothing stopping you from asking for a written contract or at least something in writing which will clarify the terms under which you are working., However they do not have to issue that and in that event you really have a couple of options – one is to leave the company if you are unhappy with how this situation is being dealt, the other is to consider making a claim for any money you believe you are entitled to but which has not been paid. However, that would require you to go to court and at the same time it means the employer could consider terminating your employment because they can do that at any time (you do not have rights against unfair dismissal if you are self employed).

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

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

Customer:

Thank you Ben

Ben Jones :

you are welcome, all the best

Ben Jones :

Hi, can I just check if you are happy with the response above and are happy to rate it?

Customer:

I have tried , but it needs to be closed first.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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