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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49825
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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There I was hired by a company as a self employed person.

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Hi there
I was hired by a company as a self employed person. I did 6 days (32 hours of training) with them, I then worked for one week (approx 27 hours) and then I quit due to the workload being too much for not enough money (£7.77 an hr). As a self employed person I did not have a notice period. The company are now saying they do not have to pay me for the training hours as I have not been with the company for 3 months. I have been through all of the documentation I have (signed and unsigned) and I do not see this written anywhere. When I questioned the manager he said that it may not be in the documents but it is company policy. Are they allowed to do this? I got advice from another Solicitor who said to go to the small claims court. I just have another question. I did agree to give them another six shifts, however after 2 shifts, I rang the manager and advised that I couldn't go back (due to my work load). Is my claim likely to stand up in court?
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
As a self employed person your rights will not be as well defined as if you were an employee or worker. For example workers can expect to be paid at least the National Minimum Wage for time which amount to ‘working time’ although when it comes to training that would only be the case if it was not run by an educational institution or training establishment.
If the training was run by an external person or organisation whose main business was the provision of training, the time spent training is unlikely to qualify as ‘working time’ and as such you would not normally be paid for it.
However, this is only applicable to workers and employees, not the self employed so may not be relevant to you anyway. Your rights will very much depend on what was agreed between you and the employer at the start of your relationship. If this was not mentioned at all and the employer is relying on some policy which you have not seen then all of this will likely go against them because any ambiguities are going to be interpreted against the party which is trying t rely on them, in this case the employer. So the more ambiguous something is, the more it will go against whoever is trying to use it as a defence.
All in all, this is a legal grey area at the best of times so telling you whether you will be successful is impossible. You do have grounds to take this further but if this results in some more technical legal wrangling it can go either way. One good thing is that to go to the small claims court is a relatively risk-free step. If you lose you just walk away and lose your claims fees – you will not be liable for the other party’s legal costs, so in some ways it is something you can try anyway as long as you are prepared to lose the initial claim fees. Those would depend on the value of the claim but would not be more than a few hundred.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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