Is this legal?

rlvrlv

As self employed driver I have just received an email from the firm I drive for. Effectively I am to be charged £100 a week to retain the car I drive when I am not working. As a self employed driver I can’t imagine this is legitimate. The demands seem unreasonable given that I am unable to claim for sick pay or entitled to any holiday. I would value your advice please as to how best to protect my position. In addition this demand is made outside my contract and I am uncomfortable responding or indicating acceptance. Thank you
jjDear Driver   You are receiving this email as you currently rent a vehicle with ......,. Cars   From March 1st 2020 the following procedure will be in place IF YOU WANT TO RETURN YOUR VEHICLE FOR ANY REASON    you must inform us with at least 2 weeks’ notice of your intention to RETURN YOUR VEHICLE    IF YOUR AIM IS TO ONLY RETURN YOUR VEHICLE FOR A SHORT PERIOD YOU CAN OPT UPTO A MAXIMUM 5 WEEKS PER ANNUM TO KEEP THE CAR FOR £100 PER WEEK ,    If YOU ARE keeping the vehicle you will be charged at the reduced rate along with your 1st week back as we do now,     If a driver chooses to hand the vehicle in and not keep it whilst off we will not be taking payment for the 1ST WEEKS HIRE  When you REQUIRE A CAR  if we have a vehicle available, you will pay the weeks hire, prior to taking it. If we don’t have any vehicles available you will go onto a wait list and as soon as one becomes available you will be contacted.   Should you have any question please do not hesitate to contact your manager     Kind Regards

AdrianC

You're self-employed, and your contract with them includes the use of their vehicle at the times you're working for them.

So why would you expect that vehicle to be available when you aren't working for them, too...?

You clearly pay for the car at the times you're working - they say "reduced rate", so how much more than £100/week would you normally be paying for their car while you are working for them?

Do they allow you to provide your own vehicle for work, and not pay to hire theirs...?

Car_54

You’re “self-employed” but work (exclusively?) for a company from whom you rent a vehicle. Is HMRC convinced of your self-employed status?

Herzlos

I'm not sure I follow what they are saying here. You are self employed but rent a vehicle from the company you drive for, for the purpose of the driving (which sounds like they are trying to get out of treating you as an employee even though you are).

They are now saying if you want to keep the vehicle for the rest of the time, you need to pay £100/week, but also that if you return the vehicle to them, there's no guarantee it'll be available for you next time you need it?

Is that right? Or are they saying that you just can't take the vehicle home and need to leave it in their depot unless paying £100/week?
It sounds like you're probably better off finding a new employer.

I assume this in response to them hiring out vehicles (vans or taxis?) at a reduced rate to drivers who aren't doing much work for them, which is sort of understandable, but it seems like the genuine drivers are going to get shafted.

Dr_Crypto

Are you sure you’re self-employed? Might be worth checking this out. 

But yes it does seem legitimate. They provide you with a vehicle while you are working but not at other times. 

mcpitman

Seems a pretty standard (non-owner) taxi rental agreement.
Can you use your own vehicle to work for them?