Taxi Driver Online

Pinkwheels, you are no doubt self-employed and therefore have no rights at all.

If an employment tribunal did find that you were an employee, then that would turn the nation's cab trade upside down.

A good employment lawyer might make a case that you are an employee, depending on your circumstances, but most lawyers would probably tell you not to bother.

alex i kinda guessed that it was trying to wind me up but i loathe homophobes they are the lowest of the low only a peadophile is lower
the only other thing i cant figure out is which guest is the one that is the worst as i assume that the word guest is poeple that aint registared so i dont really want to say too much
however whichever guest i am addressing i aint self employed as a company my boss asks all us drivers signed a contract although non of us aS yet have recieved a copy of our contract bit strange wouldnt you agree after all that i will see a solicator soon
but i shall say this whichever guest is spouting all this poisen GROW UP!!!!

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PinkWheels

A while a go we had a situation where a driver on a circuit was allowed to go to an industrial tribunal when he was booted off it.

I think it was allowed becos he only gained work from the one person, or something like that. Bit vague I know but he lost on the issues not on the fact he couldn't go to the tribunal.

ok Pinkwheels I will own up I was winding you up,
if you came to me for a job tomorow, and you were able I would indeed give it to you, skirt or no skirt, I think you are fun.

but very easily riled.

but what the hell was you doing with such a bigot and why would you wanna go back?

and why did you let him [edited by admin] you about?

I hope you get another start soon and cross my fingures that you come into the office tomorow.

you can have 2 and a half times what cabbies say they earn in Gateshead.

heres hoping

Well you may have signed a contract, but the question is whether it's a contract for services (in which case you are self-employed) or a contract of service (in which case you are an employee).

If the company has treated you as an employee then you should have a written contract of employment, you will be paid an hourly wage and the company will have deducted tax before paying you (ie PAYE).

Your agreement is probably a contract for services as is the case generally in the taxi trade, and whether or not the contract is written or verbal is not really relevant - even if you just agree things verbally then there's still a contract, but obviously if things are written down it's easier for both parties to see where they stand, particularly if a dispute arises.

This is not the end of the matter though, since the courts can still find that even if you have been treated as self-employed they can still decide that you were really an employee all along.

By the same token, the courts could find that someone with being treated as an employee and paying PAYE has not really been an employee at all, and thus not entitled to employment rights such as unfair dismissal.

But if your relationship with the company has been considered one of self-employment then it's obviously less likely that a tribunal will overturn this and consider that you were an employee all along.

Then there's exemptions from the legislation for smaller companies and the like.

Your local CAB should be able to help.

BTW, didn't I read something once about an all-ladies firm up in Elgin, or don't they want you either

just as a footnote Inland revenue have circulated accountants, to say they are looking more deeply into self employment among the taxi sector

we are about to have another battering.

ok guest whichever one im addressing i can accept youre explanation over winding me up however i am sorry i didnt giggle like some silly little school girl couldnt get a gym slip to fit lol
yes i am very easily riled but this issue has my blood boiling im so sorry i didnt let him [edited by admin] me about as he & i got on well as long as i didnt dress up but as i only do that in my own time i didnt forsee this happining
im starting a job next week
thank you for youre offer gateshead would be lovely as i have family in Newcastle upon Tyne
it must be a contract of service as i was an employee i like the rest of us is on a wage minimum wage i thinkour boss wasscared by the inland revenue
i did go to CAB they told me to renagotiate with my boss NO CHANCE!!!!but they did tell me to get form it1 when i finish
yes there was such a cab firm in elgin but as she sxaid women were in danger by the male cab drivers i took offence at this as i am gay i was ofno danger so i fell out with her however as she started refusing male passengers she was forced to climb down now however she is gone to the wall

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PinkWheels

That's quite unusual - from what I've heard where the Inland Revenue (who enforce the minimum wage legislation) have looked into the trade they've run a mile!

But if what Guest says is correct then they're maybe trying to tackle the issue on a concerted basis.

yeh what I did not say is they are swamped.

Employed or self employed this is always the questions?

No offense to the man in question, and I do not wish you to misunderstand me, I do not want you to think what I am about to say is directed at you as it is not.

The tax office keep saying they are going to look into this imotive subject, but the truth of the matter is they will not because it will destroy the industry.

It seems to me that operators and drivers alike use whichever status to suit themselves. Not directed at you mate or your boss.

There was an article in one of the trade press recently, re the very same thing, ok he may of not got sacked for his dress code, nonetheless he got sacked.

He took the operator to a tribunial and won, not only for unfair dismissal but also the operator had to stump up redundancy and holiday pay back dated from the time he started.

If a driver is paying his own tax and NI then fine he is self employed, it is when they do not do this the trouble starts.

It would appear just because there is no contract, employment laws still apply.

Good luck go for it mate, we can not afford to get rid of drivers where I am desperate for them in fact.

Tomytooinches