Breach of contract?

homeless9

Hi,

I started training in a recent self employed driver role. I had done 3 days of my 5 days of training and the employer said on day 3 they needed me to sign a contract right away. Even though I hadn't seen the training out......

I didn't know why the signing of the contract was so urgent, but I signed it anyway just to please them, maybe I shouldn't have, but I did......as it was just a basic contract stating that I would need to give notice of 1 week if being paid weekly and a notice of 1 month if being paid monthly and if I didn't give notice I would sacrifice my pay as they pay in arrears.

This was all fine with me. When I signed the contract I was fine thinking that if in a few days or a weeks time I decide to quit, not being paid wasn't a problem for me.

On the 4th day of training I was shown the full extent of the job which made me quit.....

Now I have the manager messaging me saying I have breached the contract.......have I?

As I said, the contract states that if I leave with no notice, I receive no pay. Which is fine. I am entitled to leave with no pay and therefore having given them a free service for 4 days.

I understand it's not ideal for them, but would they want someone who has just started the job to work another week or month when they are not interested in it, it's better for them to train someone new than have someone carry on working for them who is not committed.

Comms69

homeless9 wrote: »

Hi,

I started training in a recent self employed driver role. I had done 3 days of my 5 days of training and the employer said on day 3 they needed me to sign a contract right away. Even though I hadn't seen the training out......

I didn't know why the signing of the contract was so urgent, but I signed it anyway just to please them, maybe I shouldn't have, but I did......as it was just a basic contract stating that I would need to give notice of 1 week if being paid weekly and a notice of 1 month if being paid monthly and if I didn't give notice I would sacrifice my pay as they pay in arrears. - So you're not self employed then?

This was all fine with me. When I signed the contract I was fine thinking that if in a few days or a weeks time I decide to quit, not being paid wasn't a problem for me.

On the 4th day of training I was shown the full extent of the job which made me quit..... - so you didn't then give any notice?

Now I have the manager messaging me saying I have breached the contract.......have I? - clearly.

As I said, the contract states that if I leave with no notice, I receive no pay. Which is fine. I am entitled to leave with no pay and therefore having given them a free service for 4 days. - That is not correct, you are entitled to be paid. They can ofcourse offset any additional costs against that pay. It's not so simple as to receive zero

I understand it's not ideal for them, but would they want someone who has just started the job to work another week or month when they are not interested in it, it's better for them to train someone new than have someone carry on working for them who is not committed.

Is there another additional question?


I am unclear of what the concern is

Alfrescodave

On the 4th day of training I was shown the full extent of the job which made me quit....

It would be interesting to know what was so bad that made you decide to quit.

homeless9

Comms69 wrote: »

Is there another additional question?


I am unclear of what the concern is

I am not concerned about getting paid, even if by law they should pay me.

The contract states I can give notice and get paid or not give notice and not get paid.

So I am unsure how I have breached the contract. The contracts says I have the option to leave with no pay - Which is fine by me.

homeless9

Alfrescodave wrote: »

On the 4th day of training I was shown the full extent of the job which made me quit....

It would be interesting to know what was so bad that made you decide to quit.

Because the training involved, for an hour, being shown the delivery route in a car which stank of dogs and tobacco - which was unbearable. It was so bad that my throat was sore. I could not face going in that car for another day. Also, the route was not accurately marked out on their delivery app and I was to be left to do this round on my own in the coming days in which I was bound to get lost. They also told me the round would take less than 2 and a half hours when I get used to it, and after seeing the full round I felt that there was no way I could do it in that time.

JCS1

Was it employed or self employed, as that will make a difference to the advise you are given.


Your post mentions self employed, but that you were given a contract to sign, what was the contract?

Comms69

Like I said, what are your concerns?


You have breached the contract, but there are unlikely to be any repercussions.


for what its worth I don't think your reasons are particularly compelling and if you are reliant on benefits, I would expect a sanction

homeless9

Comms69 wrote: »

Like I said, what are your concerns?


You have breached the contract, but there are unlikely to be any repercussions.


for what its worth I don't think your reasons are particularly compelling and if you are reliant on benefits, I would expect a sanction

I'd like to see how you feel after being in a smokey car for an hour which also smells of dog. These are not healthy working conditions.

Comms69

homeless9 wrote: »

I'd like to see how you feel after being in a smokey car for an hour which also smells of dog. These are not healthy working conditions.

I'd be fine. It's an hour, get over it.

homeless9

JCS1 wrote: »

Was it employed or self employed, as that will make a difference to the advise you are given.


Your post mentions self employed, but that you were given a contract to sign, what was the contract?

It was self employed.

I came across this on nidirect's website:

"If you have worked for your employer for one month or more, the legal minimum amount of notice you must give is one week."

Fine, but based on this statement....it seems like if you have worked less than a month then the rule is different, but they don't go on to explain what the rule is if you have been working less than a month.

Basically I was a self employed driver for 4 days of training out of 6, I probably stupidly signed a contract too early and should have refused, but they were being pushy saying they needed it on day 4, so I signed it thinking It didn't make any difference to me if I signed or not......

if I didn't sign it I was happy to leave after training with no pay, and if I did sign it I felt the same, as the contract states I can leave with no notice and no pay.

I felt like they possibly wanted me to sign right away as there is a bit in the contract stating about tax liability, public liability and business insurance on vehicles being my sole responsibility. So maybe they were urgently requiring me to sign so that they didn't get into any mess if I ran someone over or damaged someone's property.

Comms69

homeless9 wrote: »

It was self employed. - I don't think so. Being self employed is more than just saying it

I came across this on nidirect's website:

"If you have worked for your employer for one month or more, the legal minimum amount of notice you must give is one week." - If you're self employed; you don't have an employer...

Fine, but based on this statement....it seems like if you have worked less than a month then the rule is different, but they don't go on to explain what the rule is if you have been working less than a month.

Basically I was a self employed driver for 4 days of training out of 6, I probably stupidly signed a contract too early and should have refused, but they were being pushy saying they needed it on day 4, so I signed it thinking It didn't make any difference to me if I signed or not......

if I didn't sign it I was happy to leave after training with no pay, and if I did sign it I felt the same, as the contract states I can leave with no notice and no pay.

I felt like they possibly wanted me to sign right away as there is a bit in the contract stating about tax liability, public liability and business insurance on vehicles being my sole responsibility. So maybe they were urgently requiring me to sign so that they didn't get into any mess if I ran someone over or damaged someone's property.

It sounds like a total mess; I'd avoid.