sacked without warning

esbsrsbk

Last night I arrived back at work as a delivery driver which I have been doing for 5 years to be greeted by my transport manager who told me (after I had unloaded ) that the company do not want me back in the building , therefore I was fired . I asked for a reason and he just said he didn't know other than my work ethic was not good. Questioning him further he said the company were not happy with the fact I had complained over parcel volumes and time restrictions , I had bought back parcels saying the shop is closed or no access or out of time.
It is true I had complained numerous times over the unrealistic time scales of deliveries , over weight goods. 3 weeks previous I had had an accident with a item with an overweight item I refused to deliver and was told I had to do it, I subsequently ended up in hospital when this item fell onto me.
Now here is my problem, I am or was self employed ! I have argued my employment status too. I did the same route , company van, paid a set wage, paid weekly on the same day, holidays and sickness covered. But because I pay my own fuel and own tax they deem we are self employed.
Any idea where I stand on this ?

newbie1980

for 1 i believe you should have been paye if you are only working for one firm but as you say they deem you to be self employed you have no rights and can be dropped just like that. I was when i had an operation on my shoulder
Dont know for sure all the ins and outs but someone will be along to give more info im sure.

esbsrsbk

I was told there was nothing I could do by my manager so just basically leave quietly and goodbye .
Surely after this amount of time I have some rights, this company simply cannot get away with treating the drivers like this. They have added more and more deliveries onto us without anymore pay and then if we complain we are sacked !! I did complain with health and safety issues and I did tell them I couldn't cope with the volumes so yes I bought back 2 parcels .....2 ! And I'm fired , there are drivers who bring back more than that but because I have complained to head office I get fired . Our working day started at 5am and they expected us to be out all day until 6.30pm when I was originally taken on to do a split shift basis

agrinnall

You have to be clear what result you want. Do you hope to get your job back? Do you want to be paid off? Do you want to get the company into trouble for not operating PAYE? Any of these may be possible, but you have to look at the consequences to yourself of whatever action you decide to take. Going back seems like a pointless exercise given that they clearly want you out. Reporting them to HMRC may well cause trouble for you, given that you have accepted the situation for 5 years despite being aware that you were in fact probably an employee. Trying to get some money out of them may be possible, but even then it might not be easy if they decide to play hardball with you.

In reality the time to sort this out would have been 5 years ago when you started work with them, now you may be as well to move on and perhaps try to get a reasonable reference out of them.

esbsrsbk

I have paid my tax and ni on earnings so not bothered on getting them into trouble with hmrc, and have also argued over our employment status . What I want is to know whether I have a leg to stand on with unfair dismissal . I've been sacked for speaking my mind and standing up for myself . Why sack me for bringing goods back when other drivers do the same and still have their jobs . Its purely based on the fact I complained openly over health and safety aspects which they didn't like

anamenottaken

esbsrsbk wrote: »

. . .
. . . I am or was self employed ! I have argued my employment status too. I did the same route , company van, paid a set wage, paid weekly on the same day, holidays and sickness covered. But because I pay my own fuel and own tax they deem we are self employed.

What do you mean by holidays and sickness being covered?

Do you mean that they paid you when you took holidays and that they were in accord with the WTRs? Did they operate SSP or a company sick pay scheme?

Or do you mean that if you took leave or were sick they found cover for the route you normally did rather than you organising someone to do it in your place with you paying them?

esbsrsbk

In answer to do I want my job back ? Yes I've been unfairly treated , I've always met time scales until they put on a timed delivery that was impossible to carry out when I had another timed drop 16 miles away. Added to that they expected me to carry several boxes a cross a park to which I refused under health and safety grounds ( female slight build ) some of these boxes weighed in at over 25kg !

anamenottaken

esbsrsbk wrote: »

I have paid my tax and ni on earnings so not bothered on getting them into trouble with hmrc, and have also argued over our employment status . What I want is to know whether I have a leg to stand on with unfair dismissal . I've been sacked for speaking my mind and standing up for myself . Why sack me for bringing goods back when other drivers do the same and still have their jobs . Its purely based on the fact I complained openly over health and safety aspects which they didn't like

How would you prove that was the reason?

Also, if you weren't an employee then there cannot be any question of an unfair dismissal. You would not have been dismissed, simply not contracted for a further week.

If you had been an employee you would also have been due to receive 5 weeks' notice.

The only way to take this anywhere is to prove you were an employee.

If you were an employee, they could be deemed to have been paying you nett of tax and employees NI and would have to pay that, with interest, to HMRC - and you would get a refund.

esbsrsbk

anamenottaken wrote: »

What do you mean by holidays and sickness being covered?

Do you mean that they paid you when you took holidays and that they were in accord with the WTRs? Did they operate SSP or a company sick pay scheme?

Or do you mean that if you took leave or were sick they found cover for the route you normally did rather than you organising someone to do it in your place with you paying them?

If we are off sick they find cover for you, we don't get paid. Holidays are covered also without pay.

esbsrsbk

anamenottaken wrote: »

How would you prove that was the reason?

Also, if you weren't an employee then there cannot be any question of an unfair dismissal. You would not have been dismissed, simply not contracted for a further week.

If you had been an employee you would also have been due to receive 5 weeks' notice.

The only way to take this anywhere is to prove you were an employee.

If you were an employee, they could be deemed to have been paying you nett of tax and employees NI and would have to pay that, with interest, to HMRC - and you would get a refund.

On the health and safety aspect I do have my hospital admission 3 weeks ago after a 28kg box fell out of the van onto me . Other than that I have asked for the reasons for my sacking in writing from my line manager . I doubt I will get it but worth a try :rotfl:

anamenottaken

esbsrsbk wrote: »

If we are off sick they find cover for you, we don't get paid. Holidays are covered also without pay.

So, if it were deemed you were employed, you could think about damages for their not having given you paid leave. However I don't think there is so much chance of this because, though employers can't deny employees paid leave if they request it, workers don't have to take it.