Can they do this?

Akira

Hello all, my husband went to a job interview with DPD, franchise, and was told he would have to use their vans only, and it will cost him almost £1000 a month for the van + insurance. My husband said he would prefer to get his own van, as it would be much cheaper, but they said no, it's either their van, costing over £200 a week or no job. Can they do this, I mean, my husband could buy a brand new van and pay that amount per month! What if my husband accepts the job, do you think he would be able to buy his own van later without being fired? Thank you all.

LittleVoice

Akira wrote: »

Hello all, my husband went to a job interview with DPD, franchise, and was told he would have to use their vans only, and it will cost him almost £1000 a month for the van + insurance. My husband said he would prefer to get his own van, as it would be much cheaper, but they said no, it's either their van, costing over £200 a week or no job. Can they do this, I mean, my husband could buy a brand new van and pay that amount per month! What if my husband accepts the job, do you think he would be able to buy his own van later without being fired? Thank you all.

If this is a franchise then he would be self-employed. It's not a job he is being offered, so he couldn't be "fired".

However the franchiser sets the terms. Accept them and buy into the system or don't accept them and don't operate with that franchise.

Akira

Hello, thank you; I understand he'd be self-employed but he'd still be working for them, like you said, under their terms- he can't, as he expected, buy a van and work for them with his own van, he either accept their van and pay almost £1000 a month or no job. Can they set terms like that, when my husband would be basically paying the cost of the van to DPD, that's the impression. What would like to know is, is it OK for DPD to basically force you to use their vans and pay much more than if he bought the same van elsewhere? I know you might say if he doesn't like it, don't work for them, we know that, but it seems so unfair a big chunk of his wages would go to pay for a van that is not even his! Thank you all.

mountainofdebt

Akira wrote: »

I understand he'd be self-employed but he'd still be working for them,

He can't be self employed and employed at the same time.

As Littlevoice says it sounds as if it a franchaise position - and your OH would just be hiring the van off them - and without that van there's no franchaise so work.

Akira

OK, thank you, so, my husband would be apparently self-employed, and he would be hiring a van from DPD, because, without a van, there's no work. We realize that, but does he have to hire the van from them, at a much higher cost than anywhere else, that's what I'd like to know, please. If he refuses, he will not get the job, of course. But, if he accepts the deal, would he be able to then, after maybe a year, get his own van, same model, age, colour, etc, or could DPD say no, you have to hire our van or get out. Maybe there's no answer.

Annisele

He'd have to comply with DPD's terms. If DPD was prepared to offer a variation in terms (to allow him to have his own van) then he could. If they're not prepared to offer a variation, either now or in a year, then he can't.

If DPD aren't prepared to allow a variation now, I very much doubt they'd be prepared to allow it in a year. And yes, they would have the right to say no.

LittleVoice

Akira wrote: »

OK, thank you, so, my husband would be apparently self-employed, and he would be hiring a van from DPD, because, without a van, there's no work. We realize that, but does he have to hire the van from them, at a much higher cost than anywhere else, that's what I'd like to know, please. If he refuses, he will not get the job, of course. But, if he accepts the deal, would he be able to then, after maybe a year, get his own van, same model, age, colour, etc, or could DPD say no, you have to hire our van or get out. Maybe there's no answer.

If the terms of the franchise contract include that he has to hire a van from them, he has to hire a van from them if he wants the franchise.

Think about why they have that condition. It's to make more money for themselves than if they allowed vans to be hired elsewhere. They are not going to forego that unless, at the outside, they were recompensed in full for the loss - probably more than the difference between what they charge and what your husband would be paying elsewhere.

He could hire his own van but he'd still have to hire one from DPD if that's the term of the contract.

phill99

OP, I'm not convinced that you or your husband actually understand what is being offered. He is being offered a franchise which is a unique business model whereby your husband becomes self employed but effectively pays a licencing fee to DPD. The van arrangement may well be part of the licensing fee.

If you want to go down the franchise route, you would be well advised to seek professional help as, respectfully, you don't seem to understand the position.

zzzLazyDaisy

I know this seems unfair/unreasonable to you, but this is simple contract law....

They are offering a contract which contains certain terms. These include a term that he must hire a van from them. If he wants the contract he agrees to the terms. If he doesn't agree to the terms, he doesn't accept the contract.

There are occasions when the parties can negotiate new terms, but I suspect this is not one of those times as the whole point of franchises is that everyone buys into the business model.

I think what you are asking is 'if he accepts this contract is there any legal way of getting out of the obligation to hire the van from them?'

In that scenario, the answer is 'no, not unless they agree, which extremely unlikely'

mountainofdebt

Its abit like McDonalds where most of the restuarants are franchaises.

The person who has the franchaise has to pay McDonalds for the purchase of merchanise relating to McDonalds. Without that there is no restuarant.

stix62

mountainofdebt wrote: »

Its abit like McDonalds where most of the restuarants are franchaises.

The person who has the franchaise has to pay McDonalds for the purchase of merchanise relating to McDonalds. Without that there is no restuarant.

I think there's quite a lot missing from McDonalds which would class it as a Restaurant.