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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long has he worked there for?
Since the beginning of November
Hello Ben are you still there
Can you please go to this site
and let me know if you believe he is an employee or self employed
He has to pay his own tax and National Insurance so I can verify that he is classed as self employed and that was stated at his interview
ok it is irrelevant what he is labelled as by the employer and it is these questions that really tell you what someone's status actually is
I have just had a look and the first lot of questions the answer
If the answer is 'Yes' to all of the following questions, it will usually mean that the worker is self-employed:
When I say the get paid by the day if is paid fortnightly
Does this help ????
ok let me consider this
I would say it is more likely than not he is an employee although only a court can decide for certain. As mentioned, it does not matter what someone is labelled as or how they pay their taxes, it is the overall employment relationship that dictates their status.
If someone is a worker and not self employed, they will have certain rights under employment law. For example, they will have rights under the Working Time Regulations such as:
The employer will also have certain duties under health and safety laws to ensure the health and safety of their employees, for example conduct risk assessments and minimise exposure to any risks.
One issue is that unless someone has at least 2 years’ continuous service, they will not be protected against unfair dismissal, so technically they could sack him if they wanted to. But if the dismissal is because he has made a health and safety complaint (i.e. blown the whistle on the employer) then it could make it automatically unfair. So if he wants to protect his position he should consider raising a formal complaint with the employer over his working hours (if they breach the Working Time Regulations) and the health and safety issues. If he is dismissed as a result (which is still a possibility), then he could consider the automatically unfair dismissal route, although he will have to show he was an employee as part of that process.
what about the Domestic driving laws are they being broken .... he starts work at 6.30 am to load the van and arrives back at depot anytime between 7 and 8.30 pm then ends the day unloading any pick ups
these only really apply to those driving goods vehicles (like HGVs) and passenger-carrying vehicles (like buses)
Ok... Thank you for your help... which I am afraid we can not work on as we are not in the position of my husband losing his job...
it is a tricky situation, I appreciate - he doe shave rights but to pursue these may jeopardise his employment - the laws work in a restitutional way in this country - if a wring is done you can pursue the guilty party, but they cannot be applied to force someone to do something and act legally
thank you again for your help.....
You are most welcome and all the best