Franchise and unpaid work

martyn0284

Undervalued said:

martyn0284 said:

DullGreyGuy said:

martyn0284 said:

I've just ripped this straight from the Citizens advice website, and the 3 points mentioned are what we fall into

Check if you’re an employee

You’re an employee if:

• your employer is in charge of what work you do and how you should go about it on a day to day basis (even if you’re left alone to actually do the work) 

• under your contract you have to do the work yourself - you can’t pass it onto someone else

• your contract guarantees you at least a minimum number of hours of work each week or month - and you have to do it

You can use HMRC's tool https://www.tax.service.gov.uk/guidance/check-employment-status-for-tax/start/disclaimer you want to choose the second option

I'll check that out and come back to you

It will be easy enough to find "official" guidance that says what your want to hear. It may well be that you do cross the line and "should" be an employee. How you progress that, cost effectively and to your overall advantage is quite another matter.

Self-employed for tax purposes for this work

Why you are getting this result

Your answers told us you or your business will have to fund costs before your client pays you.

This suggests you are self-employed for tax purposes for this work.

The hiring organisation should pay your earnings in full, without deducting Income Tax and National Insurance contributions.

That is what the result is

martyn0284

DullGreyGuy said:

martyn0284 said:

I've just ripped this straight from the Citizens advice website, and the 3 points mentioned are what we fall into

Check if you’re an employee

You’re an employee if:

• your employer is in charge of what work you do and how you should go about it on a day to day basis (even if you’re left alone to actually do the work) 

• under your contract you have to do the work yourself - you can’t pass it onto someone else

• your contract guarantees you at least a minimum number of hours of work each week or month - and you have to do it

You can use HMRC's tool https://www.tax.service.gov.uk/guidance/check-employment-status-for-tax/start/disclaimer you want to choose the second option

https://www.menzieslaw.co.uk/case-update-1-employment-status-case1-gig-economy-cycle-courier/ some have won Worker status which gets them some protections but not as much as an employee

Interesting...we fall into many of those categories. They stipulate the days/hours what work we do, what we get paid per delivery etc. They stipulate everything and we have no say in anything. The only thing you could take us as having a say in, is if we were to call in sick. That's basically it (as silly as the calling in sick point sounds)

Undervalued

martyn0284 said:

Undervalued said:

martyn0284 said:

DullGreyGuy said:

martyn0284 said:

I've just ripped this straight from the Citizens advice website, and the 3 points mentioned are what we fall into

Check if you’re an employee

You’re an employee if:

• your employer is in charge of what work you do and how you should go about it on a day to day basis (even if you’re left alone to actually do the work) 

• under your contract you have to do the work yourself - you can’t pass it onto someone else

• your contract guarantees you at least a minimum number of hours of work each week or month - and you have to do it

You can use HMRC's tool https://www.tax.service.gov.uk/guidance/check-employment-status-for-tax/start/disclaimer you want to choose the second option

I'll check that out and come back to you

It will be easy enough to find "official" guidance that says what your want to hear. It may well be that you do cross the line and "should" be an employee. How you progress that, cost effectively and to your overall advantage is quite another matter.

Self-employed for tax purposes for this work

Why you are getting this result

Your answers told us you or your business will have to fund costs before your client pays you.

This suggests you are self-employed for tax purposes for this work.

The hiring organisation should pay your earnings in full, without deducting Income Tax and National Insurance contributions.

That is what the result is

As I suggested it is a complex area with points on both sides. Different online checkers will come up with different answers. Ultimately you will only know for certain once a court (and any appeals) decide. As I said your contract will have been written by specialist to try and, as far as possible, achieve what the big firm wants. They may or may not have got it watertight, unless it is challenged you will never know. Are you in a position to do that?

I sympathise, not that it helps I'm afraid.

martyn0284

Undervalued said:

martyn0284 said:

Undervalued said:

martyn0284 said:

DullGreyGuy said:

martyn0284 said:

I've just ripped this straight from the Citizens advice website, and the 3 points mentioned are what we fall into

Check if you’re an employee

You’re an employee if:

• your employer is in charge of what work you do and how you should go about it on a day to day basis (even if you’re left alone to actually do the work) 

• under your contract you have to do the work yourself - you can’t pass it onto someone else

• your contract guarantees you at least a minimum number of hours of work each week or month - and you have to do it

You can use HMRC's tool https://www.tax.service.gov.uk/guidance/check-employment-status-for-tax/start/disclaimer you want to choose the second option

I'll check that out and come back to you

It will be easy enough to find "official" guidance that says what your want to hear. It may well be that you do cross the line and "should" be an employee. How you progress that, cost effectively and to your overall advantage is quite another matter.

Self-employed for tax purposes for this work

Why you are getting this result

Your answers told us you or your business will have to fund costs before your client pays you.

This suggests you are self-employed for tax purposes for this work.

The hiring organisation should pay your earnings in full, without deducting Income Tax and National Insurance contributions.

That is what the result is

As I suggested it is a complex area with points on both sides. Different online checkers will come up with different answers. Ultimately you will only know for certain once a court (and any appeals) decide. As I said your contract will have been written by specialist to try and, as far as possible, achieve what the big firm wants. They may or may not have got it watertight, unless it is challenged you will never know. Are you in a position to do that?

I sympathise, not that it helps I'm afraid.

Yes, they will have had it written by someone in the know of course (or at least we can only assume that's the case). I could do with someone looking through it that knows what they are talking about as I'm not fully up to date on contract law - in reality, I'm just like most other folk. If you're asking if I am financially up for doing it then no, I'm not in that position sadly, but morally I'm up for doing it. It does need to be challenged, but on that basis I  would need to get a few other people from the depot to do that, and of which could be quite difficult (in my opinion) as I'd need to find both trustworthy and knowledgeable people.

You have been a great help so far and have definitely given me some food for thought of which I appreciate immensely! 

Savvy_Sue

As has already been stated, some 'gig economy' workers have managed to get themselves recognised as workers and I believe improved their situation. You might be able to organise better with the help of a trade union. A combination of https://www.tuc.org.uk/joinunion and google to find which workers have had recent success could prove valuable.