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 Post subject: Employment Status
PostPosted: Wed Mar 26, 2014 10:29 pm 
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If a private hire driver is self employed then what is his employment relationship to the Operator he pays his radio/datahead rent to, as obviously he can't be an employee?


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 Post subject: Re: Employment Status
PostPosted: Thu Mar 27, 2014 12:44 pm 
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If your working stipulated shifts, wearing a uniform of sorts ie company insignia driving a badged vehicle ie Dopes Motors, this of course is even though you pay the proprietor RENT for circuit services, then you are a "WORKER UNDER THE DIRECTION OF THE COMPANY" which means you are entitled to

1.Holiday pay
2, Statuary sick pay.
3. Employment rights ...........grievance and disciplinary procedures, Right of representation Trade Union, Association. etc
4.Not restricted by anti union legislation...................walk out whenever you like =D> =D> =D>


If you dont work stipulated shifts if your vehicle is not badged with proprietors insignia if you can take work from other companies, than you are self employed, ie no rights fair game for the crooks brigade, " theres plenty of them :D :D :D

BUT OF COURSE THIS MEANS YOU ARE FREE TO WITHDRAW YOUR LABOUR WHENEVER YOU FEEL INCLINED TO AND ORGANISE THAT WITH OTHERS IN THE SAME CATEGORY AS YOURSELF, SO IF THE MUSH RUNNING YOUR COMPANY HAS BUNDLES OF CONTRACT WORK THERES NOTHING STOPPING YOU AND ALL THE OTHER DRIVERS FROM DECLINING THAT WORK with or without notification :D IF YOU FANCY A RUCK...................OR OF COURSE STOPPING THE JOB COMPLETELY............ADVANTAGES BOTH WAYS :D

remember virtually all proprietors in the PH industry are dirty no good lying cheating parasitical scum.................with very few exceptions :twisted: :twisted: but there are exceptions...........wish yer luck in finding one................i suspect there are a couple on here................i could name them............but wont......best left to your assesment #-o
Your biggest problems will come from ex forces morons with the philosophy..............of GROVELL, UNDERCUT, LIE AND CHEAT. ...........PLENTY OF THEM ON HERE.....SKIPPY AND NIDGE BEING THE MOST PROMINENT ................THAT SHOULD WIND EM UP NICELY AND I HOPE ANSWER YER QUERY...B LUCKY TT :D



I

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 Post subject: Re: Employment Status
PostPosted: Thu Mar 27, 2014 2:51 pm 
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Agree with most of that T, however in this case the driver and the operator both agree the driver is self-employed so he can't be an employee, so what is he; a freelancer, a sub-contractor or what?


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 Post subject: Re: Employment Status
PostPosted: Thu Mar 27, 2014 3:20 pm 
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silvercab wrote:
Agree with most of that T, however in this case the driver and the operator both agree the driver is self-employed so he can't be an employee, so what is he; a freelancer, a sub-contractor or what?


He's just a self employed driver free to come and go as he pleases

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 Post subject: Re: Employment Status
PostPosted: Thu Mar 27, 2014 3:29 pm 
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Yes he is self-employed, but there is a relationship between him and the operator which is what?


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 Post subject: Re: Employment Status
PostPosted: Thu Mar 27, 2014 3:32 pm 
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silvercab wrote:
Agree with most of that T, however in this case the driver and the operator both agree the driver is self-employed so he can't be an employee, so what is he; a freelancer, a sub-contractor or what?

The agreement of both the driver and the operator does not make someone self employed. There are certain criteria that must be met to establish if someone is truly self employed, or an employee or a worker. Check it out on the hmrc website. Search "am I an employee or self employed".
here is a link.
http://www.hmrc.gov.uk/employment-status/

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 Post subject: Re: Employment Status
PostPosted: Thu Mar 27, 2014 3:47 pm 
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grandad wrote:
The agreement of both the driver and the operator does not make someone self employed. There are certain criteria that must be met to establish if someone is truly self employed, or an employee or a worker. Check it out on the hmrc website. Search "am I an employee or self employed".
here is a link.
http://www.hmrc.gov.uk/employment-status/


Agreed; in this case he meets all the criteria to be self-employed, so what is the employment relationship between him and the operator?


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 Post subject: Re: Employment Status
PostPosted: Thu Mar 27, 2014 3:53 pm 
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silvercab wrote:
Agree with most of that T, however in this case the driver and the operator both agree the driver is self-employed so he can't be an employee, so what is he; a freelancer, a sub-contractor or what?


What they agree is irrelevant ..................circumstances could change the driver might realise hes being swindled [as if] and then hit the Governer with a Employment tribunal case :badgrin: :badgrin:

To clear it up if the Driver can come and go. " as and when" take work from other company's does not wear company insignia. then he is "self employed" but the relationship is that = The proprietor is an agent YOU pay him a fee and he supplies a service ie he provides you with work===in other words hes an Agency for PH trips.

So yer mates a customer of an Agency....................dont let anyone kid yer otherwise........that opens plenty of doors believe me ...fraudulently offering a service :D taking money under false pretenses..fraudulently distributing work ho ho ho plenty of maneuver there :D ... ..........employment status ..self employed #-o

Its not difficult to hit these tossers with bogus self employment cases they normally want you on circuit by a certain hour, dont want you accepting jobs from other agency's insist you do at least the occassional weekend etc and then youve got em......................however Camerons kunnts have made it much more difficult to get before employment tribunals and bleedin expensive [the workers party :badgrin: ]

If youve found a decent Agency nurture the relationship................ ive had some good one's they aint all shytte just MOST #-o

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 Post subject: Re: Employment Status
PostPosted: Thu Mar 27, 2014 4:28 pm 
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Let's address it in a slightly different way, the licensing area of Manchester is approximately 20 miles in length.
Operator A in the North gets a booking for a short journey 20 miles away in the South, he has no vehicles near so he calls Operator B n the South and sub-contracts that job to him, as he can legally do so.

The following day Operator A gets a job in Cumbria, he cannot sub-contract the job to an Operator in Cumbria as the legislation does not allow it (yet) so he calls Captain Cab a hackney carriage driver in Cumbria and sub-contracts the job to him.

Captain Cab then decides he is going to take his Cumbria Hackney Carriage to work on Operator A's private hire circuit in Manchester, nothing has changed except the geographical location of the vehicle so presumably all jobs he gets must be being sub-contracted to him?

Captain Cab's new colleagues are very similar to him, they are self-employed, they provide their car and labour, some are licensed as hackney carriages (most likely in Rossendale) some are licensed as Manchester Private Hire, so presumably all the jobs they get must be being sub-contracted to them too?


So aren't self-employed private hire drivers sub-contractors?


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 Post subject: Re: Employment Status
PostPosted: Thu Mar 27, 2014 5:15 pm 
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silvercab wrote:
If a private hire driver is self employed then what is his employment relationship to the Operator he pays his radio/datahead rent to, as obviously he can't be an employee?


do you mean a driver (only) or an owner driver? most drivers get told when they are working and dont pay towards running costs, i.e. they have no investment in the business so they should really be PAYE, and there has been a swing towards paying the NMW instead of 1/3rd of the takings...

OWNER drivers are different, they bought a car and can decide when to work and will never be PAYE

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 Post subject: Re: Employment Status
PostPosted: Thu Mar 27, 2014 7:52 pm 
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Cabbing is the only profession where you pay the wages of someone to tell you what to do, usually the person doing the paying gives the orders. :roll:

It's also the only job in which you pay all the running costs of the firm and yet have no say in how it's run or how that moneys spent :cry:

And on top of all that you then have to spend more money to obtain the equipment needed for you to be able to actually go out to work in order to earn enough money to give to the firm for them to then allow you to come out and work - and so the cycle continues :wink:


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 Post subject: Re: Employment Status
PostPosted: Thu Mar 27, 2014 8:54 pm 
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Quote:
It's also the only job in which you pay all the running costs of the firm and yet have no say in how it's run or how that moneys spent


slightly incorrect

you business is your car, you can have as much or as little "say" in what it does as you like, you dont have to join a circuit

the alternative view is you want to be self employed but then hope a base can keep you working

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 Post subject: Re: Employment Status
PostPosted: Thu Mar 27, 2014 10:36 pm 
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wannabeeahack wrote:

do you mean a driver (only) or an owner driver?


Both, if they are not PAYE, then aren't they sub-contractors?


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 Post subject: Re: Employment Status
PostPosted: Fri Mar 28, 2014 12:26 am 
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silvercab wrote:
wannabeeahack wrote:

do you mean a driver (only) or an owner driver?


Both, if they are not PAYE, then aren't they sub-contractors?


To be a sub-contractor you need to hired by another company to serve it's clients, now whilst taxi/ph drivers that work circuits do serve the clients of the circuit they are not hired by that company because they pay that company to find them work. Imo drivers are as much a customer of that circuit as the person phoning them for a vehicle. That said sub-contractors are self employed anyway it's just they don't have their own customers. Self employed people have their own customers and a circuit driver that also holds their own operators licence could be both self employed with their own clients and a sub-contractor of the circuit.

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 Post subject: Re: Employment Status
PostPosted: Fri Mar 28, 2014 1:18 am 
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sasha wrote:
Cabbing is the only profession where you pay the wages of someone to tell you what to do, usually the person doing the paying gives the orders. :roll:



Sounds a little like a prostitute working for a pimp

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