sacked without warning

ohreally

Can you evidence these complaints, do you have an email trail or were they conversations?

anamenottaken

esbsrsbk wrote: »

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:

I wasn't asking about how would you prove the accident and hospital admission but how you would prove that you were "dismissed" because of your health and safety complaint?

If you are self-employed a company is never required to give any reason for not continuing to use your services.

Funky_Bold_Ribena

If you were self employed, what were the contract terms regarding notice period?

ceecee1

Try this to check if HMRC would consider you to be employed or self-employed. http://www.hmrc.gov.uk/calcs/esi.htm As you say that you use their vehicle and probably have no say in the hours that you work you might not be able to be self employed

LittleVoice

esbsrsbk wrote: »

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 !

Are there other jobs available with other organisations that would pay you at least as well? If so, apply.

With another job in hand, you can pursue this first company for compensation for all that you have lost over the last 5 years - paid leave, possibly sick pay, and your over-payment to HMRC of tax and NI.

Regarding the self-employed status and tax - did the company ask you to sign anything which said that if you were found to be an employee you would be responsible for payment of any retrospective tax and NI which the employer would be due to pay?

getmore4less

I would get legal advice to see if you can put in a ET claim on the basis that you were an employee.

Unfare dismisal,
notice pay,
holiday pay,
lack of particulars of employment,
etc.


If an ET agrees you were an employee then their defence you were self employed would fail

Takeaway_Addict

getmore4less wrote: »

I would get legal advice to see if you can put in a ET claim on the basis that you were an employee.

Unfare dismisal,
notice pay,
holiday pay,
lack of particulars of employment,
etc.


If an ET agrees you were an employee then their defence you were self employed would fail

Agree with the above, though OP I think you ahve to be realistic and the chances of getting to work for them again is slim to none

SuzieSue

You should definitely go and see an employment lawyer. If they were treating you as self-employed, but the way that you performed your job meant that HMRC would consider you to be employed (and from what you have said, this appears to be the case) then you can take them to a tribunal and claim back all the paid holiday (and sick leave if other employees get this) that they owe you for the last 5 years.

Also, if it is found that you were indeed an employee, then they might have to pay all the tax and NI that they should have paid to HMRC which would mean that you would get all the tax and NI that you have paid yourself back.

AbbieCadabra

if the company have been treating all their drivers as self employed, i imagine the consequences with HMRC will be pretty dire, at least large fines.

i'm not suggesting you don't do anything (i'd be reporting them to HMRC at the very least if they fail the self employment checks linked to earlier), it's just something to consider. it would be awful if you were proved to be in the right, but get nothing in the end as the company might go under due to any penalties that might be applied to them.

colino

It suited you for 5 years to gain the benefits of being clearly self-employed so no amount of complaining about a "job" you once had is going to get it back. You'd be using your time better looking for more work for your driver/deliveryman provision business.