What are you all up to
Comments
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He's succeeded in scaring me but if £14,000 of under-payment is at stake then it might be worth persevering with it but not if it's going to take 7 years!
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Sometimes he comes across as aggressive and at other times more conciliatory according to his mood but he doesn't seem to want to budge or agree any kind of satisfactory resolution.
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Went over to Cowes in the passenger launch (£1.00 return) for lunch at "The Anchor" in the main St.Beer battered cod,chips Julien,Mushy peas,& home made Tartare sauce Mmmm.
.A 'catnap in the sun (broken cloud) ,tea & biscuits ,then off to "The Weatsheaf" tonight.
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I have known 2 friends that spent years righting wrongs. My advice, for what it is worth Malcolm, is to draw a line under the whole affair. To be honest when you were working for D2G you knew the terms, even if they were unfair, and accepted them. Life is too short!
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So this seems to be the crux of the matter. Dinner2go got wind that you could be be working for a competitor as well as them. I think most companies would not accept that and I wouldn't be surprised that such details were contained in any contract you signed. Even if the products did not directly compete there would be a conflict of interest over the time you had available given that Dinner2go seemed to demand that you should be available even if they had not offered you work. By all means follow it up but I suspect you are on a hiding to nothing.
David
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I had an interview with Pizza Hut in Lancing, yesterday evening. From the interview it seems they are offering the job, I just have to do the necessary documents tomorrow. They haven't yet given me a start date but they're offering the minimum wage of £7.50 per hour plus 80 pence per drop for fuel allowance.
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I don't have any case against them over losing the job. The CAB adviser said that even if employed, I would have to work a minimum of 2 years to have any case on that score.
The only case would be the rate of pay,for the time I worked for dinner2go, not complying with minimum pay rates depending on my employment status.
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This situation happened once before at about this time last year when he hired another driver because he thought the business was growing. Suddenly my earnings dropped by half because the deliveries were split between two drivers. So I applied and got the job with Dominos. However, the Dominos was evening work, so he agreed to let me work for dinner2go in the daytime. Then he asked me to come back to dinner2go full-time because the new driver was unhappy with the job and wanted to leave. So I left Dominos. He said I should have discussed this with him before taking another job. After a few days the other driver came back and once again my earnings dropped by half.
When I first took the job there was no indication of his intention to drop my earnings in this way. On that occasion he accepted that I could work for Dominos, so why not on this occasion?
I have said to him that he is full of malpractice, lies and deceit and he knows it. The minimum wage rule is supposed to stop this kind of thing happening.
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The tests of whether someone is self employed or an employee include -
Are you free to work for other companies / clients? If the answer is no, then you are more likely to be an employee.
Are you able to control your own working pattern and hours? If the answer is no, then you are more likely to be an employee.
Is there a 'master / servant' relationship between the company and the individual? If the answer is yes, then you are more likely to be an employee.
There are numerous other tests (most of which appear to indicate that Malcolm was an employee).
If you are an employee, then the Minimum Wage / Living Wage rules apply.
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Porridge for breakfast and now thinking about doing a bit of gardening.
Caught another mouse last night / this morning in the humane trap - that's two days in a row after a long break without any. Drat! Thought they'd all gone.
Must check the caravan to make sure they haven't taken up residence in there.
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Happy Easter everyone. Awoke to glorious morning again, but a breeze and cooler 9c in the shade, but it's getting cloudy. Hoping to go for walk once OH gets a wriggle on. Been text chatting with daughter,have video with our baby granddaughter taking about 4 steps ekkkk. Need a visit 😉. Chatted with son arrangements for next weekend changed again not arriving until Friday, day of the wedding now, good job I thought to check nothing had changed 😮😣
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That's right, Ian. The CAB adviser had a similar checklist that came out with the same result i.e. that I was an employee and not self-employed. This means they used self employment as an excuse to break the law about minimum wage. It means that I was under-paid for a whole year.
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The checklist is purely a guide and is for HMRC purposes. It is for HMRC to consider that aspect. Malcolm was not employed as he himself admits to having been contracted as self employed. Whether that was a fair contract or not is a different matter.
The legality of the situation is a matter for HMRC
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Morning all !! Yes i know it's a bit late BUT,,,did'nt get to bed 'till 1.30 
that's late for me .Thanks Trellis/bakers.IanH,,,yes ,enjoyed it .The musician friend,John Wroath,would like me to organise a gig in my neck of the woods,later in the year keep you posted. Bright & sunny here broken cloud ,dry ,only a slight breeze.A cuppa' then off to "The Lifeboat" in East Cowes Marina for Sunday lunch . Have a good Easter you'all ..Oh !! I don't drink & work or drive,so only Adam's ale for me !!.2 -
You are correct - it will be HMRC who will decide on the employment status and they will, if necessary, take the company to court.
It matters not, I would suggest, what Malcolm thought his status was.....as you say, it's HMRC's opinion that counts.
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Not yet. I thought it might be best to wait until the Easter holiday period is over.
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It matters not, I would suggest, what Malcolm thought his status was.....as you say, it's HMRC's opinion that counts.
It matters as Malcolm was aware that he had agreed to be contracted as self employed. Unless he can show that to have been an unfair contract then he has no current redress in a civil matter I would suspect.
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Started off raining, now its cleared up and the sun is trying to get out (needs to try harder)
Picked Mum up this morning, she seems to be missing an awful lot of clothes, wardrobes half empty. All clothes are labeled with her name and laundry gets done every day, so where oh where does it get lost to. Seems to be a problem in most care homes according to others I've spoken to. Had a word with senior carer will see when I take her back if they have found any items.
Not sure what I'm going to do today, to damp yet to work outside. Might look at getting sewing machine out and doing a few jobs.
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The problem was that the manager who first interviewed me for this job was not honest about it. He gave us the impression that we could earn more than the minimum wage. The reality was very different.
He didn't tell us that we had to pay for the customer orders with our own money. We found this out after we started work, when a Macdonalds order was given to us and Macdonalds told us that dinner2go didn't have an account with them. So we then phoned the d2g boss and was told that we had to pay for the order ourselves out of our own money and that he would refund the money to us at the end of each day.
For the first few days he met us at the end of each day to do the paperwork and pay the money that was due to me in delivery fees plus the cost of the orders that we had paid on collection.
Later it became once every two days and eventually once a week or once every two weeks. So we had to use about £300 of our own money for the float to finance the customer orders, whilst he kept making excuses about why he couldn't do the paperwork.
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The status in the eyes of the law is irrelevant at present Ian as the law has not acted nor is it likely to do so in the near future.
The intent of the parties would seem to have been that M would be self employed as M has stated in the pasrt that he was self employed and their dealings were carried out in that manner
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