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Ben Jones
Ben Jones, UK Lawyer
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I have joined a new company to work for as a self employed

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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( 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.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What is your specific query about this?

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


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?


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

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