Ask a Law Question, Get an Answer ASAP!
I see you have already mentioned that you want to know about self-employed workers’ rights. Is there anything more specific that you would like to know about it? I also wanted to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I am dealing with your query and will get back to you as soon as I can. Thanks.
Thank you very much for clarifying. So is there no written contract or any sort of policies in writing about any of this?
Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.
Whether there is a contract in place, or anything in the contract that deals with this, if someone is liable for an accident then they would be responsible for covering the costs/losses incurred as a result of that. This is something which comes under the tort of negligence where a negligent party is responsible to compensate the parties who have suffered losses as a result of such negligence.
So if the drivers were at fault for the accident and that resulted in costs for the employer, they could be made liable anyway, even if the contract did not mention anything. It is only if the drivers were not at fault and the employer started charging them for costs that were not their fault, that is when they can potentially challenge them.
Same goes for the damaged products – these types of ‘fines’ should really be contained in a contract which they are aware of in advance and can make a decision whether they want to work for them on that basis.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
The company can do whatever they like, in a sense that they can withhold whatever amounts they want from their workers’ pay, especially as they are self-employed and do not have the better rights that an employee would get. So if the workers believe that the amounts the company is withholding are unfair or incorrect, the only thing they can do is make a claim to recover these in the Small Claims Court.
Whether the claimant will be liable for anything if they lose will depend on how much they are claiming to start with?
For example, claims for under £10k will go to the Small Claims Court and apart from the court fees which they pay at the start, the losing party does not have to pay the winning party’s legal fees. However, for claims over £10k, the losing party could potentially be liable for some , or most of the winning party’s legal costs, on top of the initial court fees.
I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.