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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50208
Experience:  Qualified Employment Solicitor
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Ben, I work door step lending company on a self employed

Customer Question

Hi Ben, I work for a door step lending company on a self employed basis, my original contract some 14 years ago says I get 10 per cent commission on all collections but approx. 3 years ago the company introduced a debit card payment facility for my customers to make there weekly payment after a few months the company then reduced my commission from 10 per cent down to 8 per cent claiming that it was due to banking fees . I wondered if this was the case because I thought bank charges were tax deductible so these charges shouldn't be passed down to us . every time I bring my complaint up I get told to be quite or risk losing my job, this situation currently costs me around £35 a week in lost income i know that's not a lot but over 3 years its adding up. hope you can help many thanks john
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, did you ever challenge these changes at any point?
Customer: replied 2 years ago.
only with my section manager who said the bank charges over the year were too much for the company to swallow so the cost was passed down to the collecting reps (approx 150 reps nationwide ).when I would say banking charges are tax deductible by the company I was allways told im wrong and to shut up or lose my job,,john
Expert:  Ben Jones replied 2 years ago.
Hello, sorry I was offline by the time you had replied. Whilst you will have some rights here, they will not be that strong due to a number of factors and I will explain these below. First of all these changes were introduced 3 years ago. If you have continued to work for the company throughout that time and these changes had applied to your work, then there would be an implied acceptance on your part. This means that by not formally challenging the changes (you may have complained but did not take it further) and by continuing to work under the new terms you have basically signified your acceptance to these changes. It is called an implied acceptance – it is not done formally or in writing but due to your actions it is assumed that you have accepted the changes. The other issue is your status as self employed rather than an employee. This means that you do not have protection against unfair dismissal and the company can dismiss you for more or less any reason simply by giving you the contractual notice period you are entitled to. So yes, you could push them further and try to change this but they are right that they could easily just terminate your employment with them and you would not be able to challenge it. So you will have to consider what is more important here – keeping your job or trying to change these terms with no guarantee of success. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.