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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6467
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I need an advice for issue between sole trader and

This answer was rated:

Hi,
I need an advice for issue between sole trader and self-employed. Which solcitir would be able to help me. Self employed by the accident damaged glass floor by the sole trader tool. Sole trader wants all money back. Self employed has no insuranance.
Thank you

Hi my name is ***** ***** I am happy to help you today. Are you the sole trader in this issue?

Customer: replied 3 months ago.
Hi,
I am Self employed. Also if this matter I would like to add that sole trader didn’t pay my last week rate. Incident happened on Friday last week. I am wonder if there is any law clouse saying about such thing.
Thank you

Where did the accident happen, was it on the sole trader's premises?

Customer: replied 3 months ago.
Premises belongs to client, client gave this job to sole trader and sole trader engages self-employed to do this. I have no traning about helath&safety or using his tools

Ok so do you think the accident was his fault then?

Hi Dorata if you were using his tools on his premises then you should be covered by his employer's liability insurance rather than personal public liability insurance. He should be making the claim on that policy.

He cannot withhold pay for this unless your agreement with him allows him to withhold pay for breakages (which it might). If it does not then you can recover the unpaid wages in breach of contract.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Hello is there anything further you would like to know?

Customer: replied 3 months ago.
Thank you for your help, I believe that tool was ok to use but it was about attended / accdient incident, but I wasn’t clear. I had no formal (wrriten) agreement with him about such things. How i should speak with him?

I would tell him that legally the position is clear that if you were using his tools his employer's liability insurance should cover the damages and that he has no right to withhold wages.

Jenny and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you so much, so quick and professional.I will try to talk with him, also I would like to save your contact details if I will have any issues in the future.
Kind regardsDorota