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 Post subject: Is this legal
PostPosted: Mon Sep 15, 2014 11:12 am 
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One of the firms here are so desperate to keep drivers that they have told them that if they are on a school run they can't leave the company for the duration of the contract. I have been told that the drivers have even signed a "contract" agreeing to this.
They are all self employed drivers. Can the company do this?

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 Post subject: Re: Is this legal
PostPosted: Mon Sep 15, 2014 12:31 pm 
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Might be able to get drivers to sign it but can't see how they could enforce it if they subsequently leave

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 Post subject: Re: Is this legal
PostPosted: Mon Sep 15, 2014 12:32 pm 
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We have 1 driver who, fed up with the base wanting him in, not letting him go home, etc he drew up his own contract however while i can see what he can offer the base (himself and £320 a week for his E7) I cant see what the base can offer him, and under common law a contract has to be fair to both sides with an element of profit

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 Post subject: Re: Is this legal
PostPosted: Mon Sep 15, 2014 12:43 pm 
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Bart wrote:
Might be able to get drivers to sign it but can't see how they could enforce it if they subsequently leave

That is my thought. These drivers will believe anything. :lol: :lol: :lol:

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 Post subject: Re: Is this legal
PostPosted: Mon Sep 15, 2014 1:55 pm 
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grandad wrote:
Bart wrote:
Might be able to get drivers to sign it but can't see how they could enforce it if they subsequently leave

That is my thought. These drivers will believe anything. :lol: :lol: :lol:


Depends what the contract says, clearly it removes all pretention of being "self employed" self employed cannot be subject to a contract dictating times and routes ??

you are accepting a contractual obligation #-o #-o between 2 party's :lol: :lol: :lol:

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 Post subject: Re: Is this legal
PostPosted: Mon Sep 15, 2014 4:04 pm 
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Urgh, spit, having to agree with TT there! No company can make anyone sign a contract binding them to work for them; everyone has a right to not work for anyone! As self-employed, they have even more right not to work for someone!

What would the company do if someone did leave their circuit before the end of the contract?


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 Post subject: Re: Is this legal
PostPosted: Mon Sep 15, 2014 4:19 pm 
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roythebus wrote:
Urgh, spit, having to agree with TT there! No company can make anyone sign a contract binding them to work for them; everyone has a right to not work for anyone! As self-employed, they have even more right not to work for someone!

What would the company do if someone did leave their circuit before the end of the contract?


MMMMMMMMMMMMMM kindly explain the "urgh. spit" dear chap


TT

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 Post subject: Re: Is this legal
PostPosted: Mon Sep 15, 2014 4:27 pm 
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If they have destroyed their s/emp status with the contract, HMRC may be interested to claim there share of Employer's NIC contributions and PAYE deductions!


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 Post subject: Re: Is this legal
PostPosted: Mon Sep 15, 2014 4:53 pm 
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cabbyman wrote:
If they have destroyed their s/emp status with the contract, HMRC may be interested to claim there share of Employer's NIC contributions and PAYE deductions!


Possibly but they could be "worker under the direction of the company" which is a neat little maneouvre which gives the driver employment rights, holiday pay, but allows him to make his own Tax arrangements :badgrin: :badgrin: Naturally the governer gets ammered for NIC, but the Driver once again can make his own arrangements :badgrin:

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 Post subject: Re: Is this legal
PostPosted: Mon Sep 15, 2014 5:39 pm 
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cabbyman wrote:
If they have destroyed their s/emp status with the contract, HMRC may be interested to claim there share of Employer's NIC contributions and PAYE deductions!


Hardly

Ive a contract with a county council to supply transport, it doesnt cancel my SE status

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 Post subject: Re: Is this legal
PostPosted: Tue Sep 16, 2014 9:12 am 
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grandad wrote:
One of the firms here are so desperate to keep drivers that they have told them that if they are on a school run they can't leave the company for the duration of the contract. I have been told that the drivers have even signed a "contract" agreeing to this.
They are all self employed drivers. Can the company do this?

How can that contract, if indeed it is, be enforced?

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