help required please subcontractor

4spd

Hello
I kind of need some help and direction in finding out what legally im obliged to work and what changes can be made to my pay and hours etc
I work for a company as a subcontractor and have only just started working for them 6 weeks ago.
we agreed an hourly fee for work and travel hours.but i have no written contract.
I invoice them fortnightly.
4 weeks ago i put in my first invoice and they paid me without problem in full,
I then worked my second fortnight and put in my invoice and i was told there would be a delay in processing the invoice
I then recieved an email 10 days later telling me that all work and travel was being reconciled to a different rates now.
The new pay structure doesnt allow for travelling unless over 150 miles and after 150 i will be paid a lower hourly rate for every hour travelled.
My hourly rate has been reduced as well
I travelled on friday less than 150 miles into london and home again did my days work and then had 7 hours travel involved which i wont get paid for.
so i did 7 hours travel and 8 hours work
All the other contractors have had there pay reduced and reconciled as well.
I have had my last invoice reconciled back to when i started and had two thirds of my invoice taken from me to recover the previous travel hours.
Can they do this ???????
i am going to be working a 8 hr shift then not getting paid for my travel time
On average im going to be working and travelling for 16 hours a day 4 nights a week
I hope somebody can help me out as i dont want to lose my work but legally i must have a cut off point to how many hours work i can legally do without a rest.
thank you

SarEl

I am afraid that you are not an employee - you are self-employed and the law does not apply to you. You can work 24 hours a day and seven days a week - it is up to you how long you work. Sumilarly with your "contracts" - the terms of your work are subject only to agreement between you and the client you work for.

4spd

hello thank you
but is there no law, that they have to okay a new pay structure with me or similarly get some form or agreement
Can they in your opinion bypass what is safe working hours and surely if something happened to me whilst driving wouldnt they be at fault for extending my hours without my consent

Sambucus_Nigra

Can they do it...they just did.

Problem is
a - you have no contract
b - you aren't employed, so the working time directive doesn't count for you.

So, you need to decide whether the overall income is worth it for the hours that you are working and the money that you are spending on fuel etc.

They are the client and are willing to pay X for the work; so unless you have a written contract saying you were going to be paid Y, then they can pretty much pay you what they want.

thorsoak

As you are self-employed, would it not be practical for you to find a B & B for 3 nights per week?

I'm pretty sure that you could then off-set the cost of your accommodation against tax - someone will either be able to verify this, or shoot me down in flames!

But it would be safer for you. Your employer/client is only responsible for your well-being during the hours you are actually at work - how long it takes you to get there is of no concern to them.

4spd

The b and b option is there but the travel distance is just from one extreme to the other.
i did glasgow to the isle of wight last week 11 hours travel in the time set out for sleep 2 hours rest then back to work.
so some times it isnt practical

Sambucus_Nigra

4spd wrote: »

The b and b option is there but the travel distance is just from one extreme to the other.
i did glasgow to the isle of wight last week 11 hours travel in the time set out for sleep 2 hours rest then back to work.
so some times it isnt practical

I am afraid that as you are self-employed you either make it work for you or don't take the jobs.

4spd

so i basically dont have a leg to stand on
could i work this week and when i put in my invoice, be told the week after that they are reducing my hourly rate again and i can do nothing about it then??????
surely the rate should be agreed as it was at the beginning and cant be changed without my consent???

4spd

i dont doubt the advise im being given but is there anybody acas citizens advise that i can contact to make 100% sure

Sambucus_Nigra

4spd wrote: »

so i basically dont have a leg to stand on
could i work this week and when i put in my invoice, be told the week after that they are reducing my hourly rate again and i can do nothing about it then??????
surely the rate should be agreed as it was at the beginning and cant be changed without my consent???

Well, what does your contract say?

Oh, you didn't get one.....

If they aren't paying your invoice, then you would have to take it through a small claims court, and what's the first thing you would have to show to prove what your hourly rate would be...yes, your contract. As although a verbal agreement is binding, you can't prove what that agreement was...or can you?

4spd

they did pay my first invoice in full at the hourly rate agreed and i was sent an email saying your invoice is okay and the money was paid into my account