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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61821
Experience:  Qualified Solicitor
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I have turned up for work several times and cannot get into

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i have turned up for work several times and cannot get into the office as the business owner doesn't turn up answer texts or calls. I am self employed can I charge?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: i have discussed with HR but she's the daughter in law of the owner
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i am self employed. I was told this 3 weeks into the role.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I looked at the rules for breaks. i have seen a 20 minute break for every 6hrs of work and i deduct this from my invoice ive been asked for 30 minutes or more break ive been told i eat more than 1 lunch

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Did you receive a contract and if so, please upload it on here using the paperclip symbol

Customer: replied 11 days ago.
i did not get a contract

OK so can I just check, are you able to choose the days and times you work?

Customer: replied 11 days ago.
I turn up for work sometimes but can’t get into the office as no one is there to open up.
Customer: replied 11 days ago.
I’m still at work

Thank you. Are you able to choose the days and times you work?

Customer: replied 11 days ago.
I can’t talk

Don’t worry about the pop-up mentioning a phone call – this is an automatic offer made by the system, giving you the opportunity to pay extra to discuss things over the phone. However, it is entirely optional and if you just ignore it and close it down you will not be charged extra and we will just continue in writing at no extra cost, as soon as you can tell me whether you are able to choose the days and times you work?

Customer: replied 11 days ago.
I guess I can choose but this is not always available
Customer: replied 11 days ago.
I turn up for work Monday to Friday
Customer: replied 11 days ago.
If I turn up or I’m available for work is that choice?

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. It’s a tricky situation because if you are not actually undertaking any work, you will not get paid, but then again the reason you are not able to do work is because of the employer’s actions. There is sadly nothing concrete in law which states what your rights are and whether you can charge or not,. You can try, but the employer can easily refuse to pay. In that case your only option is to take it to court and try your luck there and to be honest the decision could go any way. So it is best to cover yourself by having a written contract in place and specifically to have a clause which covers you for these situations. That way there would be no dispute and it is stated in black and white that you have the right to charge for any time when you are available for work but are not able to do it due to the employer’s actions.

 

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