is this legal

[glitchguru]

I have joined a company recently carrying out deliveries multi drops, I have been told I'm self employed but I use there van, diesel and insurance, I have been told I get 80 a day and 40 for Saturdays, now here is the bit I am more confused by, they have set routes all planned out with eta times, now most of the time I can get finished before it or on time only by breaking half the speed limits, but when I do finish late ie today saturday where I started at 6am and only finished now 3pm they told me I get no extra because of traffic and still get the flat rate which would put me below minimum wage, where do I stand legally on all this, as I think the company is breaking the law heavily, including being in at 6am and not getting back to the depot till 8pm and then having to go back in at 6am which I'm sure is against the law again because your meant to have a 12 hour rest or so I have been told, can anyone tell me what I can do

[julesverne]

it doesnt sound legal to me and i'm self employed i think your best port of call would be to call HMRC and speak to them as from where im standing it sounds like the company is trying to avoid its tax obligations. ive posted a link below for contact details.

 

http://search2.hmrc.gov.uk/kb5/hmrc/contactus/results.page?affinity=2042

[adridude]

I agree.

 

Also are you registered as self employed with companies house? I'm a little confused as you said that "you were told that you were self employed".

[JamesH77]

• I have been told I'm self employed but I use there van, diesel and insurance,
  

This shouldn't matter too much, your named "status" is largely irrelevant, a contract of employment can be implied if not explicitly stated. You would be deemed an "employee" even if they term you "self-employed" if you wear company uniform, listed in company documents/phone directories, are instructed/disciplined directly by the company, etc.

 

1. most of the time I can get finished before it or on time only by breaking half the speed limits
   

If the job requires you to break the law, you should raise these matters with your boss. You do not want to lose your license and be stuck with no job!

 

• I do finish late ie today saturday where I started at 6am and only finished now 3pm they told me I get no extra because of traffic and still get the flat rate which would put me below minimum wage
  

Definitely illegal. Even if actual hours go above contracted hours they should pay you for them.

[123ab]

I have joined a company recently carrying out deliveries multi drops, I have been told I'm self employed but I use there van, diesel and insurance, I have been told I get 80 a day and 40 for Saturdays, now here is the bit I am more confused by, they have set routes all planned out with eta times, now most of the time I can get finished before it or on time only by breaking half the speed limits, but when I do finish late ie today saturday where I started at 6am and only finished now 3pm they told me I get no extra because of traffic and still get the flat rate which would put me below minimum wage, where do I stand legally on all this, as I think the company is breaking the law heavily, including being in at 6am and not getting back to the depot till 8pm and then having to go back in at 6am which I'm sure is against the law again because your meant to have a 12 hour rest or so I have been told, can anyone tell me what I can do

 

Doesn't seem right to me. Perhaps you should visit a local law centre and seek legal advice.

[honeybee13]

Doesn't seem right to me. Perhaps you should visit a local law centre and seek legal advice.

 

Hi. As this thread is nearly a year old, I hope that the OP has resolved the problem by now.

 

HB