employed on a self employed basis, what rights, if any?

The-only-way-is-up

Hi, I'm asking on behalf of a friend who has taken on a job 6 months ago as a driver but has had to take it on a self employed basis, the trouble is, the pay is low and they're having to work long hours to make it worth while, we're talking from 3am-9pm or 7am-midnight, they only get paid per drop and theres a lot of waiting around involved which of course there's no pay for. Now this is killing them, they are exhusted and it worries me that it's now becoming dangerous but they feel they need to 'obey' otherwise it's the boot. Do you know if, when working for some else but going self employed do you actually have any rights at all?? Surley this goes against health and safety

Hammyman

If he's driving a vehicle with a tachograph then he's breaking the law if he's done more than 15hrs duty time in any day and doing that more than three times in any one week.

He has no rights as an employee at all. And as long as EU Drivers hours are being complied with if he's driving lorries/coaches then a 15hr day is perfectly legal. If he is driving cars/transits and other vehicles without a tacho fitted then as self employed the working time directive doesn't apply so again, its perfectly legal. It isn't uncommon to work an 84hr week in haulage - all perfectly legal.

BUT: IT IS ULTIMATELY THE DRIVERS RESPONSIBILITY NOT TO DRIVE IF HE/SHE FEELS UNFIT EITHER THROUGH ILLNESS, BEING TIRED OR FEELS THE CONDITIONS ARE TOO BAD and if anything went wrong, the driver would be the one to carry the can.

The-only-way-is-up

Thanks very much for replying, I will pass it on:)