Help with wages withheld

Jesterrmum1703

Hi I'm a self employed driver I had a job with northwest cargo which I thought I was an employee. The named company didn't allow me enough rest hours which lead me to end up have a crash well I took the corner to sharp and the wing mirror hit a branch well that was the 26th aug and on the 27th I had a phone call to say they was ended my contract well the 28th I was due 6 days pay which I didn't receive so I contacted them to be told I had to pay for the damage to the wagon fair enough but I wanted a breakdown of the bill for the damage and to set up a payment on the advice of acas well the 4th September I was due 2 days pay and again no wages in total they owe me £1415 they won't return my e mails and have not give me a breakdown what else can I do I know acas are now involved but I have 2 young children and I have had no wages for nearly 3 weeks as I can't find another job as I can't tax my car as I'm the bread winner in the family please help me they have since told me I wasn't an employee I was a contractor but in my contract it states before the contract can be terminated I must have 1 verbal and then a written I have had none 

Sandtree

I think you need to have a proper read of your contract, maybe with the help of someone thats more used to doing these things. 

Rules of engagement for employees and contractors are very different and what can/cannot be done also varies. So first of all you need to establish the relationship basis. 

Did the contract guarantee you any work or is it purely down to demand? Presumably you've been there less than 2 years in which case irrespective of the relationship basis you can be dismissed with notice for whatever reason (other than a protected "ism" - ie racism etc). 

Comms69

Jesterrmum1703 said:

Hi I'm a self employed driver I had a job with northwest cargo which I thought I was an employee. The named company didn't allow me enough rest hours which lead me to end up have a crash well I took the corner to sharp and the wing mirror hit a branch well that was the 26th aug and on the 27th I had a phone call to say they was ended my contract well the 28th I was due 6 days pay which I didn't receive so I contacted them to be told I had to pay for the damage to the wagon fair enough but I wanted a breakdown of the bill for the damage and to set up a payment on the advice of acas well the 4th September I was due 2 days pay and again no wages in total they owe me £1415 they won't return my e mails and have not give me a breakdown what else can I do I know acas are now involved but I have 2 young children and I have had no wages for nearly 3 weeks as I can't find another job as I can't tax my car as I'm the bread winner in the family please help me they have since told me I wasn't an employee I was a contractor but in my contract it states before the contract can be terminated I must have 1 verbal and then a written I have had none 

Well which is it are you self-employed or not?

You having a crash is regardless still on you. 

Regardless of any of the above, you arent going to see that money for months. (courts arent exactly active at the mo).

As for jobs, well apply for everything. No need for a taxed vehicle for shop work. 

Jesterrmum1703

Comms69 said:

Jesterrmum1703 said:

Hi I'm a self employed driver I had a job with northwest cargo which I thought I was an employee. The named company didn't allow me enough rest hours which lead me to end up have a crash well I took the corner to sharp and the wing mirror hit a branch well that was the 26th aug and on the 27th I had a phone call to say they was ended my contract well the 28th I was due 6 days pay which I didn't receive so I contacted them to be told I had to pay for the damage to the wagon fair enough but I wanted a breakdown of the bill for the damage and to set up a payment on the advice of acas well the 4th September I was due 2 days pay and again no wages in total they owe me £1415 they won't return my e mails and have not give me a breakdown what else can I do I know acas are now involved but I have 2 young children and I have had no wages for nearly 3 weeks as I can't find another job as I can't tax my car as I'm the bread winner in the family please help me they have since told me I wasn't an employee I was a contractor but in my contract it states before the contract can be terminated I must have 1 verbal and then a written I have had none 

Well which is it are you self-employed or not?

You having a crash is regardless still on you. 

Regardless of any of the above, you arent going to see that money for months. (courts arent exactly active at the mo).

As for jobs, well apply for everything. No need for a taxed vehicle for shop work. 

Why so bloody nasty no need I'm looking for jobs all the time but I'm a wagon driver that's my trade not a shop assistant so stop being a keyboard warrior if you no helpful advice maybe keep your gob shut 

Comms69

Jesterrmum1703 said:

Comms69 said:

Jesterrmum1703 said:

Hi I'm a self employed driver I had a job with northwest cargo which I thought I was an employee. The named company didn't allow me enough rest hours which lead me to end up have a crash well I took the corner to sharp and the wing mirror hit a branch well that was the 26th aug and on the 27th I had a phone call to say they was ended my contract well the 28th I was due 6 days pay which I didn't receive so I contacted them to be told I had to pay for the damage to the wagon fair enough but I wanted a breakdown of the bill for the damage and to set up a payment on the advice of acas well the 4th September I was due 2 days pay and again no wages in total they owe me £1415 they won't return my e mails and have not give me a breakdown what else can I do I know acas are now involved but I have 2 young children and I have had no wages for nearly 3 weeks as I can't find another job as I can't tax my car as I'm the bread winner in the family please help me they have since told me I wasn't an employee I was a contractor but in my contract it states before the contract can be terminated I must have 1 verbal and then a written I have had none 

Well which is it are you self-employed or not?

You having a crash is regardless still on you. 

Regardless of any of the above, you arent going to see that money for months. (courts arent exactly active at the mo).

As for jobs, well apply for everything. No need for a taxed vehicle for shop work. 

Why so bloody nasty no need I'm looking for jobs all the time but I'm a wagon driver that's my trade not a shop assistant so stop being a keyboard warrior if you no helpful advice maybe keep your gob shut 

I cant provide any advice until you answer my question..... Because if you are self employed the law, funnily enough is different, to if you are actually employed. 

But hey, forget it. It's not like beggars cant be choosers when it comes to FREE legal advice...

I wasnt being nasty. You are a professional driver, so risking your livelihood, and people's lives, is on you. You were driving unsafely, that's what you said! The crash is therefore on you. 

Frankly if my family needed money i'd be cleaning toilets, so perhaps you arent as desperate for work as others. Hence why you might find yourself without a paycheck for a while. There was a poster here who ran their own company hiring drivers all the time, perhaps if your attitude was different they'd be here helping you.