Hi everyone,

I started doing work for a company in August 2015 on a self-employed basis (this is the only company I was working for).

In January 2016 I had a meeting with the M.D. and the admin lady and it was agreed I would take over her role of processing orders, picking and packing, and despatch of orders, because she was leaving to work from home. This was in addition to my role as the sole production operative.

I have it agreed in writing that I would be available for at least Monday and Tuesday of each week with additional hours should there be demand for so.

Last month I turned up for work and the electricity had been cut off. The M.D. had not been paying the bill and also the rent on the units.

M.D. came to an agreement for payment and on we went.

I was then informed (by a TNT courier driver) that there was a notice of possession on the door of the units. I asked M.D. and he said all will be sorted soon.

It is now the case that M.D. has defaulted on payment plan and owner of units changed locks.

M.D. had again agreed another payment plan but has not signed agreement yet because he darted off on holiday and so this week will be the third week I have been without work and with rent and bills to pay, I am worried.

My question is this.

Do I have any right to ask for payment for lost hours because we had an agreement?

Your advice will be greatly appreciated.

Thanks

One assumes that you have a contract with this company, what does that state? Also bearing in mind that he does not seem keen to resolve the other issues that his company has I would not hold your breathe.

My contract is nothing other than a written and signed letter from the company stating the above requirements. i.e. that I would be available on Monday and Tuesday and any other days should the need be. I do know that he is trying to sell the company and it is on the bones of its backside but in my eyes, an agreement should be kept to.

As you are self employed (sole trader, Ltd company?) and you have no contract with your client stating that the guarantee work you will have little or no recourse.

basically you were employed, not self-employed but have been shafted by this unscrupulous person. Chances of getting any money now are very close to zero. Dont waste any more time wating for a conclusion to this, get out there and find something else quick. You can then try and find out if the company is being wound up or whetehr the person still has personalliability. If the latter you could sue for your pay and holiday pay but you wont be at the front of the queue

 

 

I started doing work for a company in August 2015 on a self-employed basis

Were you registered with HMRC as self employed at the time? Paying your National Insurance contributions?, doing self assessment for tax?

This is important as if you were properly registered as a self employed person you could invoice the company for unpaid work and if the company is

liquidated then you would be a creditor and maybe just maybe get a little bit of money.

If you were not registered then basically you would be classed as a casual labourer and the chances of getting anything are remote.

Personally I think I would walk away from this situation and find something else.

The fact the he has "gone on holiday" given the state the company is in indicates he does not care about company and even less about employees.