Taxi Driver Online

One of my drivers used to work as a booker/dispatcher for another company. The company insisted that he was self employed and paid him £3.50 per hour. Not knowing any better the chap went along with this.
I have checked using the ESI calculator on the HMRC website and after answering the questions the result has come back as "The worker is an employee."
This chap worked on the £3.50 per hour rate for 3 years before joining our company. Should he be able to claim back the difference between the minimum wage and what he actually got paid and if so, how should he go about it. I have worked out that based on a 40 hour week he has been underpaid by around £14,000.

_________________
Grandad,

Looks like he has been take for a mug how old was he when he started as from 16 to 21 the min wage is lower
If he was over 21 he has been done and also the company owes the tax man and employer national insurance contributions

He needs to contact the minimum wage folks and get them to fight his corner.

_________________
IDFIMH

Who are they Sussex and how do you contact them
Scrub that its here
http://www.direct.gov.uk/en/Employment/ ... G_10027201

That must be the only page that I didn't find yesterday. Thanks Skippy, the form has been filled in and sent off.

_________________
Grandad,

There's one firm round here that pay £2.00 an hour for base ops..

_________________
Do not argue with an idiot. He will drag you down to his level and beat you with experience.

Believe me, don't get Mercury X2

How do they get away with that?

_________________
Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

They've been doing it for years Toots, up until a few years ago they were paying £1 an hour.

_________________
Do not argue with an idiot. He will drag you down to his level and beat you with experience.

Believe me, don't get Mercury X2

Generally because the person concerned is claiming social!

_________________
if you cannot be yourself, then who can you be.

That is sort of what happened in the case that I am refering to. The chap was a driver for the company but due to an illnes he was unable to drive for a while and was put on the sick. he was asked to work the switch by the company and was paid cash in hand. Yes I know how stupid he was but things got even more stupid when after 3 years of this and his illness over, he left that company and came to work for me on the books. His old company reported him for working whilst claiming benefits. They then produced what they said was a full list of his hours and pay stating that he was working the switch on a self employed basis not cash in hand.
He has held his hand up to working whilst receiving benefits and is repaying the "overpayment" of benefits.
Now it would seem that according to the ESI calculator from the web page provided by Skippy, that he should have been an employee and not self employed and with the company providng details of the hours that he worked and what he was paid for working those hours he should be able to claim from the company the difference.
I think that the company has made a rod for their own back by reporting him because as sure as eggs are eggs they will still be paying the same rate to the current person.
I am glad that all our staff are paid on the books. It may cost a bit more but at least I am not waiting for a knock on the door.

_________________
Grandad,

Ahh, and people are quite happy to turn a blind eye because they don't want to be known as a snitch

_________________
Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

I think anyone who "drives" someone else's desk would have a job to convince the relevant authorities that he/she is self employed.

oh what a tangled web we weave when first we practice to decieve

_________________
Of all the things ive lost, i miss my mind the most

Yes indeed.

_________________
Grandad,

You would make more begging in London, and I mean much more if you picked a decent spot.

The guy that 'works' the Victoria rank must be on £15 plus an hour, all tax free.

I may add I contribute zilch to his 'salary', but lots of other drivers give him a quid. There's hundreds of taxi movements through the Vic rank every hour, so work it out.

I do however give money to genuine Big Issue sellers, as they're showing willing to make themselves better.