Potential loss of Franchises

martyn0284

Hi all

Now, this may all be a waste of time as it may be getting sorted, but I am really worried. The company I am talking about won't be mentioned but I am sure several of you will know exactly who I am talking about.

I work as a self employed franchisee at a very well known parcel delivery company. I also have 3 other franchises within the same company. I had an accident back at the end of September last year and due to a medical condition I lost consciousness at the wheel and next thing I woke up with a paramedic sat beside me, and the result of the accident was me breaking my back in several places. I have been off work for the last 4 months because of it. My other 3 franchises have been working away helping me financially with any profit they made. Unfortunately the whole thing resulted in me losing my driving license a couple of weeks ago following tests etc of which I should be able to get back this September providing everything checks out.

With me losing my licence I am getting my partner to do the driving for me as obviously I can no longer do it. But how it works is I had to apply for another franchise in my name and then put her down as a driver. When applying I had to provide all of my documents, of which I have to do every time I apply for a new franchise. One of the documents is a DVLA licence check and it says I currently have no driving entitlements. So anyway, the recruitment department called me yesterday and queried this, and I explained the situation and the fact that my partner will be driving for me. However, he turned round and said it's going to be a problem and also may affect my other franchises as I have been 'banned' from driving. This is following all the necessary stages of the application process and paying a £400 non refundable deposit. I did make my boss aware that I had lost my licence a few weeks ago and nothing was said, and he kept asking me how the application was getting on.

So basically they are turning around and saying that not only have I lost my job, but potentially I have to let the other drivers go. I have spoken to my boss and he says he's not concerned right now but I am genuinely concerned. With everything else that is going on right now, this is something I do not need. If I were to lose my franchises, not only would I be out of a job but so would the other 3 guys. If I did lose my job, I would soon be out on the streets as I cannot financially stay afloat for another 8 months.

We are trying to build our business up within the company and this has now been a potentially serious setback and it's affecting me that much that I actually threatened to do something to myself which was not only a stupid thing to suggest but also really upset my partner.

Do I have any legal rights in this situation, or is it another case of because I am classed as self employed I don't have a leg to stand on?

Thanks in advance for any help

Undervalued

martyn0284 said:

Hi all

Now, this may all be a waste of time as it may be getting sorted, but I am really worried. The company I am talking about won't be mentioned but I am sure several of you will know exactly who I am talking about.

I work as a self employed franchisee at a very well known parcel delivery company. I also have 3 other franchises within the same company. I had an accident back at the end of September last year and due to a medical condition I lost consciousness at the wheel and next thing I woke up with a paramedic sat beside me, and the result of the accident was me breaking my back in several places. I have been off work for the last 4 months because of it. My other 3 franchises have been working away helping me financially with any profit they made. Unfortunately the whole thing resulted in me losing my driving license a couple of weeks ago following tests etc of which I should be able to get back this September providing everything checks out.

With me losing my licence I am getting my partner to do the driving for me as obviously I can no longer do it. But how it works is I had to apply for another franchise in my name and then put her down as a driver. When applying I had to provide all of my documents, of which I have to do every time I apply for a new franchise. One of the documents is a DVLA licence check and it says I currently have no driving entitlements. So anyway, the recruitment department called me yesterday and queried this, and I explained the situation and the fact that my partner will be driving for me. However, he turned round and said it's going to be a problem and also may affect my other franchises as I have been 'banned' from driving. This is following all the necessary stages of the application process and paying a £400 non refundable deposit. I did make my boss aware that I had lost my licence a few weeks ago and nothing was said, and he kept asking me how the application was getting on.

So basically they are turning around and saying that not only have I lost my job, but potentially I have to let the other drivers go. I have spoken to my boss and he says he's not concerned right now but I am genuinely concerned. With everything else that is going on right now, this is something I do not need. If I were to lose my franchises, not only would I be out of a job but so would the other 3 guys. If I did lose my job, I would soon be out on the streets as I cannot financially stay afloat for another 8 months.

We are trying to build our business up within the company and this has now been a potentially serious setback and it's affecting me that much that I actually threatened to do something to myself which was not only a stupid thing to suggest but also really upset my partner.

Do I have any legal rights in this situation, or is it another case of because I am classed as self employed I don't have a leg to stand on?

Thanks in advance for any help

Providing you are legally classed as self employed then it would be entirely down to the terms of your franchise agreement.

However it is worth noting that occasionally HMRC (for tax purposes) and employment tribunals can take a different view on whether or not a particular person should be regarded as an employee. Strangely neither is binding on the other!

This is a complex situation and you really need to take proper legal advice for a solicitor. It is not a situation that ACAS can really advise on

Debbie9009

OP I can’t help on the franchise part, but if you are feeling like you want to do something to yourself please contact someone for help such as the Samaritans their number is 116 123.

I realise it must seem very bleak right now but there will be a way to get this sorted.

martyn0284

Debbie9009 said:

OP I can’t help on the franchise part, but if you are feeling like you want to do something to yourself please contact someone for help such as the Samaritans their number is 116 123.

I realise it must seem very bleak right now but there will be a way to get this sorted.

Hi, I would never do what I suggested, I was just feeling so low and said something that is completely out of character for me but I think it is now sorted as the guy I spoke to gave me false information apparently.