What are you all up to
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I looked at Goldie's web site too, it seems the temp. is much the same as here and it's just been fairly dull with bits of sunshine. (Great web site Goldie, it's really interesting.) I've been looking at camp sites in Pembrokeshire due to daughter's caravan holiday in Cornwall being cancelled, they are making plans for Wales instead, looking round the St David's area. Not sure I'd want to be in a tent but neither are they, their options have now shortened....we still get the dog apparently.
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Lovely photos brue.
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We've had a little rain overnight too, but not enough to change the water butt levels. We are ready for some proper rain but I suppose it won't know when to stop! Undecided on our plans but I'd like to go for a walk in the woods and see the bluebells. Definitely a day to ourselves ☺.
Whatever you're doing today enjoy it.
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If it was ruled that we were employed rather than self employed and that dinner2go should pay us the minimum wage for all the hours we were on duty, they would owe us another £14,000 on top of the delivery fees that they paid us. The CAB adviser also advised that HMRC could question my employment status if there were doubts about it but they didn't question it on my last tax return. So I wonder whether it might be questioned in my next tax return as to why my income is lower than minimum pay rates.
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Malcolm - your tax return doesn't show how many hours you have worked, only what you got paid, so how on earth could HMRC deduce that you aren't getting minimum wage unless you tell them?
I told you before how to report a firm to the HMRC Minimum Wage unit - you go through ACAS.
So you might as well kill two birds with one stone......if you want to sort this out, get onto ACAS and stop messing about on here with it.
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The dinner2go manager says I'm behaving like a spoilt brat! He says that I'm making all these issues because of losing my job with them when I should be getting on with my life and finding a new job through Dominos.
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I can see that this situation is unfair to HMRC as well because they would get more money from me in tax if I got the legal minimum rate of pay.
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So it seems to me, IanH, that dinner2go are indirectly cheating HMRC out of tax. I think I can't get on to ACAS until Tuesday as it's Easter bank holiday weekend.
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A little rain overnight on I.o.W,cloudy start today but mild.Yesterday's excursions were over to Ryde,then follow the coast to Seaview for lunch ,Huh" ,Old Fort"cafe not open ,so onto Sandown and "The Bandstand" on the front for a pot of tea and a huge bacon sandwich,Mmmm
.Ventnor was the evening meal location in "The Spyglass"at the end of the prom'.Not had for many years ,but 'Faggots' local butcher made,chips and peas.Could'nt eat it all ,SO much !! Phew!! Gigging tonight at "The Wheatseaf",so will probably eat lunchtime over in Cowes,using the passenger launch of course .2 -
Malcolm, as far as i can see this calamity has reached "put up or shut up" time.As Ian H rightfully says go through ACAS ,but be prepared to have your finances scrutinized by HMRC . Having been on the receiving end of them , they are like a dog with a bone ,they don't let go.!
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Malcolm
Having been involved with the Industrial Tribunal process in the past my suggestion would be to forget all about it and get on with your life. I imagine you don't have bottomless pockets for legal fees etc. If Dinner2 go feel threatened they will bring in the big guns. From what you said it seems you were not an employee in the accepted sense of the word. In order to prove differently you would have to make a similar case like the Uber drivers did at the High Court and that won't be cheap. If you want a real test of whether you case would stand up try and find a solicitor who would be willing to take it on a no win no fee basis. If you get no takers that will sum up your chances. Do you really want this hanging over you for the next how many months?
David
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We have just returned home from 2 nights at Ayr Craigie Gardens the site was full both nights we were there. We had to come home today due to other commitments but only 12 days until our next trip away which is for 4 nights not that I.m counting lol
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We're of at lunchtime tomorrow to Globe Vale, Redruth. Just at Asda getting one or two essentials for the van - things like kitchen roll and loo roll. Hope Carol remembers to get an extra wine glass to replace the one I broke last time! I've got the important job of sitting in the car with the dog while she does the shopping. She reckons it's cheaper if I stay in the car.
David
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A quiet day, getting ready for family arriving late tonight.
Turkey ready to go in the bottom oven tonight. Giblets etc slowly making stock for gravy. Milk infusing with onion and cloves for Bread Sauce.
Who said a turkey is just for Christmas?
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I have legal expenses insurance through the business insurance on the car. This may cover all the legal fees depending on whether the solicitor can take up the case. Yes I agree, it's a horrible situation that has already caused me sleepless nights. Especially now that the solicitors have had a reply from me and are slow to give any further indication.
The difficulty is having to get used to the change of previously working 11 hours a day, 7 days a week to a life of no work at all and a former manager that is hurling abuse at me about everything I say to him, even though he knows that what I'm saying is true. The CAB adviser seemed to advise that I should talk to him first but he is being very difficult about it all. I think he knows he has done wrong but doesn't want to admit it and tries to put the blame on me.
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Before I lost the job, I asked the manager if I could work evenings as I needed the extra money. He refused,saying he had another driver from Brighton. Yet Friday and Saturday evenings are the most lucrative in this business. Then I found out that Dominos had Friday and Saturday evening work available in Broadwater. So I applied. So it seems I was sacked for seeking work from a competitor. So that was it. He said he would let me go so that I can work for Dominos before I was even offered the job with Dominos.
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Malcolm I'm very sorry that you don't have any employment at present and hopefully you will find something suitable in the near future. The time to have sorted out your 'employment' contract and terms and conditions was really whilst you were 'employed'. You certainly won't get any assistance to prepare a legal case, should it come to that, against Dinner2go from Dinner2go. (who arms the weapon to be used against them?) You have had lots of people advising you over the last year or more about your status but chose to continue, now you have had time to take stock you are able to see a bit more clearly. You certainly have lost out as has the HMRC if you earned over your personal allowance but that's all a bit academic now.
Have you enquired of your business car insurance company whether the legal cover would be available for such a case? Yes you'll have to speak to ACAS etc and get advice BUT it won't be resolved quickly, it maybe that Dinner2go go out of business before a conclusion or don't pay even if you get a judgement against them in the future. These are all things you will need to weigh up.
I think you need to have a good long think about your situation and decide whether the amount of hours (probably years) involved, stress levels, impact on your health, marriage etc warrants pursuing it. If you decide it is worth your effort and time then I don't think it should be discussed other than with your legal help, CAB & ACAS.
Personally I'd write it off and get on with enjoying my life. If your require extra income there are jobs out there where you will be treated reasonably decently or you can ask for government assistance. I'd have a good think about my income and outgoings before making any decisions. As people on here have said with your language skills you have an opportunity for a decent income picking and choosing your hours. I do really wish you all the best but I don't want to keep reading about it, sorry.
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Been food shopping and stored it away. Walked into town for knitting wool which had to come in. Had a snack lunch. Sun has now broken through so I'm catching up on here before starting a jumper for eldest granddaughter.
A really quiet Easter for us which is most unusual. Not sure if I like it 😔.
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Now he is trying to argue that I was self-employed. So I replied by saying to him that he was using self employment as an excuse to avoid employment laws such as minimum wage, holiday pay, sick pay etc. He was in total control of me, the hours I worked and who I worked for yet he is claiming that I was free to take orders from other companies. I told him that I had no time to take orders from other companies because dinner2go required me to be on duty 11 hours a day for their work.
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My view is that far too many people are scared of using the legal system when they have been wronged and think they cannot take on a company. If that is the case, then the legal system just isn't working.
Often people need to stand back and consider this from the other side - what has the company got to lose? Often it's far more than the individual and hence they use 'bullying' tactics. Too often they get away with it, because the individual backs down.
A Tribunal (and even ACAS) will expect that you have tried to resolve this before going to them, hence the advice to discuss. But if that goes nowhere, then you did your best and that's that. I would always do this in writing though.
Get on and contact ACAS (you can do it on-line using the link given on page 418) and they will try to mediate. Depending on how that goes, you can then decide how to go forward. It won't cost you anything to do that. And you never know, the other side might back down when they see how this could go.
But the advice to stop posting about it on here and stick with Cit Advice, ACAS and / or any legal adviser you have is sound advice.
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