do we happen to have any legal experts here?

[DV]

good plan, the 'desk' doubles up as the kitchen table 'n all....

[flammableBen]

Surely if you're self-employed you shouldn't have a standard employment contract with this dude anyway? Shouldn't you're self-employment mini-bubble (bad use of words sorry) be contracted to perform certain services for his business. Like if you got a self-employed electrician or plumber in or something? Seems to me like theirs a mix up between different types of contract.

I'd like to add that I don't really know how these things work though, and am probably wrong.

[DV]

me neither, and thats the problem....

Technically, he isnt my boss at all....

Im self employed and he is my client....and if I want out I terminate his contract and give him 3 months notice that I will no longer provide my services....and if he decided he no longer wants to be my client then he had to give me 3 months notice that he no longer requires my services...

however, he runs the place like he's the boss and talks down and shouts at his employees....

hell, the other week I went mental at him and he told me....no lie 'next time you'll disrespectful to me, I'll break your nose, its my right as your employer'

He likes to be the boss, makes him feel important....but he doesnt half talk shit

[JPC82]

like i said earlier ben the self employment means u cant work for 1 employer, like u say for a plumber for instance, cannot work for 1 company all the time or they have to employ him through their company and de-register as self employed, if you are self employed and working for this bloke full time then u will both get in serious shit, they have really clamped down on this in the last year, its always been the law but pretty relaxed, not anymore tho

[JPC82]

who is this cunt anyway?

[DV]

if the law looked into his business, I'm willing to bet that would be the least of his problems.....

He owns a franchise, and the name have their own legal team and they put together the contract so somewhere somehow it must be legal....

I dunno the ins and outs.....but if I walk there is not alot he can do about it....as far as I can tell he can take me to court for 3 months wages which is peanuts and not worth the expense of the process.

The contract only runs from September to July.....so worst comes to worst I'll stick it out till then.....then im a free agent....can leave on a bosman!

[Simon Pieman]

Oh right so you're not really 'employed' at all. Ignore what I said about the mileage then  :|

[DV]

who is this cunt anyway?

I'd rather not say who he is, what the name of the business is etc etc.

because well, that could cause all sorts of shit.....but stroood certainly knows the ins and outs!

[JPC82]

DV hes blatanly taking the piss out off u, hes got u working as self employed so he doesnt have to give u mileage and holidays etc yet he has you working as if u are employed full time within his company.

he has the best of both worlds and u have the worst of both

[Simon Pieman]

Only problem I can see is if he takes you to court it won't be over your pay, it will be his lost earnings by losing the sub-contractor (i.e. you).

Dan, I would talk to some advisor who knows what they are on about. A lot of legal advice is free, they only charge you if they act on your behalf (i.e. in court).

[DV]

yup i know, im a bit of a twat for signing it all in the first place really....

but was expecting it to be better than it is.....but I do so much for so little and get treated like shit....its just not worth it anymore. My wages this month wont even cover my rent and petrol.

[DV]

Only problem I can see is if he takes you to court it won't be over your pay, it will be his lost earnings by losing the sub-contractor (i.e. you).

Dan, I would talk to some advisor who knows what they are on about. A lot of legal advice is free, they only charge you if they act on your behalf (i.e. in court).

so, how does he prove he directly loses earnings without me? unless he has to cancel some clubs or some of his customers terminate their contracts then what can he lose?

paying for my replacement? taxis to get another coaches all around swindon?

[JPC82]

to be honest, u shouldnt do all this taking other coaches here there and everywhere, surely thats not part of your job so refuse to do it and hopefully he will sack you

[DV]

to be honest, u shouldnt do all this taking other coaches here there and everywhere, surely thats not part of your job so refuse to do it and hopefully he will sack you

tried that the other week.....I went off on one....on a wednesday....one the way back we had two coaches in west swindon....because I had 3 people in my car and 3 sets of equipment I didnt have room for the 4th person and equipment, so someone else was going to pick him up.....however the other person got delayed and was late....i got back to the office, tired (been up since half 6) hungry and peed off....and because id drive near to the school this coach was left at....he asked me....why didnt you pick him up....I said I didnt have room in the car, he said he's been there for 45 minutes and you've drive past but didnt pick him up because you didnt want to squeeze him into your car, that pathetic, we're a team here...

how about you FUCK OFF *slams down equipment*

I was shouting at him

Im not a fucking Taxi

its written into your contract you have to drive

Does it say I have to be a Taxi for everyone else

yes, is says you have to drop people and pick them up

Oh really, does it really say that in my contract?

well, not worded like that

So it actually doesnt then

*he changes subject*

well if your stressed then maybe this job isnt for you

Maybe I dont want this fucking job

I go to walk out, past him, he pushes me and tries to get me in a head lock and I push him back....

and funnily enough then ive been doing the early morning clubs all week and sessions in cheltenham and beyond

I was hoping he'd sack me then

Sorry, Im ranting which wasnt the point of this thread...

[flammableBen]

Anything which isn't implied as one of your duties in your contract refuse to do.

And him pushing you and trying to put you in a head lock is probably grounds to leave anyway.