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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47408
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Good Evening. Would you please advise me if Section 13 of the

Customer Question

Good Evening. Would you please advise me if Section 13 of the Employment Rights Act 1996 applies to self employed?
I had somebody working for me on a self employed basis, they walked out of the position without notice, and in his wake left damage to the company van which was caused during him carrying out his work over the last 3 months.
I wrote to him listing the damage to the vehicle and I attached photos of the damage, I obtained 3 quotations for him in order for the damage to be repaired. I opted for the lowest quote and advised him that I would be deducting the said amount from his final payment. The remainder of what was owing to him from his final payment I transferred to him the same day.
He has now come back via email quoting the above act, is this act applicable to self employed people.
He also keeps requesting from me, even though he is fully aware that a contract was never given, a copy of the contract with his signature. As he was self employed a contract was never prepared.
Please advise,
Regards,
Andy Oram.
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. I will check the legislation and get back to you
Ben Jones :

Hello and thanks for your patience whilst I considered the applicable regulations.

The protection against unlawful deductions from wages under the Employment Rights Act 1996 applies to all ‘workers’. This would normally include all employees, but also an individual who has entered into "any other contract... to do or perform personally any work or services", unless the individual is carrying on a "profession or business undertaking" and the other party to the contract is "a client or customer" of that undertaking (section 230, ERA 1996).

So if you had employed that person and they were working professionally for you or whilst they were conducting a business (which most self employed people would do), then section 13 protection would not apply to them so they cannot rely on it.

There is also no legal requirement for a contract to have been issued so if none was agreed or signed then that is not an issue and you simply cannot provide him with a copy. It would not change any of the above rights though.

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

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 you need further help or if I can close the question? Thank you

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Customer: replied 2 years ago.
Thanks Ben that's great, best regards Andy
Expert:  Ben Jones replied 2 years ago.
you are welcome, all the best