self employment problems

[diandmag]

Hi i am self employed, working for a company doing 20 hours a week. decided to find another 10 hours or so, and got work with a company telesales for carpet cleaning. i did 12 hours work, and he s saying he won,t pay me as i never hit the targets. previously he said 3-5 in the first week, but never said i would not get paid if did,nt reach the targets. any one know wot rights i have, im fumeing, i have emailed him telling him i will seek legal action, how could i have been so stupid,£84 he owes me, hekp:-(

[andydd]

We will need a bit more info.

 

What does the 2nd job contract say about pay, targets, bonuses, etc. If it was only a verbal contract you would have a difficult time pursuing any legal action.

 

The rights you have are those within your contract of employment, which should stipulate your pay, etc.

 

Andy

[diandmag]

it dos,nt as he never gave me a contract, thinking about this now, thats prob why, so that he could just use me, and others, i am going to report him to tradeing standards, and also the job site he put the job on, so basicly ive been ripped off then?? i have sent him a email as was told i could take him to a small claims court, and that he would have to pay, but that seems untrue in reality now, so theres nothing that i can do then?

but the job was advertised at £7 a hour,plus commision,so therfore i should of been paid my hours worked.and on the job advert t does not mention getting targets to be paid, missleading advert

Edited May 4, 2012 by diandmag

[honeybee13]

Hello there.

 

I'll move this thread to the employment forum and hope the guys might be able to add to what Andydd has already told you.

 

My best, HB

[Sidewinder]

A contract is a contract, whether written or verbal. All you have to do is prove that a form of agreement existed. It may be difficult to prove any 'employment' status, but so long as you could demonstrate in some form that you were under contract to provide a service in return for payment then Small Claims would be an option.

 

Would the job advert give any clues as to what was required? Can you prove that you actually did the work?

[diandmag]

yes i have the link on my comp from the job site from him, and a phone book sent, the london directory,and luton, as stated in the area of the job desription. i even have the links with the phone numbers he sent me so i could work, whilst waiting for the phone book to get here, with also the script so i knew what the job would entail. so i have plenty of proof yes!