Self employed delivery driver not been paid

[dean25]

I work as a delivery driver for a major online retailer but I am classed as 'self employed'. I technically work for a contractor who gets the work from this retailer. About 2 months ago we were told that if we worked for 10 days non stop we would receive a bonus from the retailer. I did as I was supposed to, killed myself for the 10 days working for 10-12 hours everyday. I have recently been ill and not worked for the past two weeks so was in desperate need for this incentive to be paid so I could pay my bills as I'm not entitled to sick pay.

However the contractor has basically been fobbing me off for weeks promising me that I will get paid 'next week'. However I discovered yesterday that my co workers were all paid the bonus on Thursday. When I contacted the contractor they said that it's not their fault and the retailer pays the bonus and because I haven't been in work they thought I wasn't coming back so they didn't have to pay me. The contacter knows I am ill and have been in hospital but this does not seem to matter to them. Is there anything I can do to get this bonus or am I in a hopeless situation due to being 'self employed'.

[ericsbrother]

Who told you that you would receive the bonus? the contractor (your employer for want of a better term) or the retailer?

Now tell us about the job a bit more, do you have a contract that says you just work for them or gives you a minimum number of hours to work? Is it your own vehicle or do you drive a company van? Things like this determine whether you are employed or self-employed.

Going to court to claim the promised payment is easy in itself but I bet you would rather have some work in the future and suing your employer is always a last resort. It looks as though they theought that you had just wandered off so write to them and let them know your expected date of return and ask formally for the contracted payment (a verbal contract is still a contract) to be paid in what would be a normal pay cycle (week or fortnight's notice is enough). If they then refuse you will have to consider whether you are goig to continue the relationship.

[obiter dictum]

This outsourcing is common now. Yesterday i ordered a TV Bracket of Amazon. They are normally delivered by Amazon own couriers Yodel.

 

I am getting delivery notifications today from DPD, not Yodel

 

The majority of all delivery drivers are now self employed paid on confirmed delivery via a signature on the PDA. That is why you often find your packet slung over the back gate or left on the door step

[dean25]

Who told you that you would receive the bonus? the contractor (your employer for want of a better term) or the retailer?

Now tell us about the job a bit more, do you have a contract that says you just work for them or gives you a minimum number of hours to work? Is it your own vehicle or do you drive a company van? Things like this determine whether you are employed or self-employed.

Going to court to claim the promised payment is easy in itself but I bet you would rather have some work in the future and suing your employer is always a last resort. It looks as though they theought that you had just wandered off so write to them and let them know your expected date of return and ask formally for the contracted payment (a verbal contract is still a contract) to be paid in what would be a normal pay cycle (week or fortnight's notice is enough). If they then refuse you will have to consider whether you are goig to continue the relationship.

 

Thanks for the reply. The contractor showed an email from the retailer explaining the bonus which I have a copy of. I have no contract stating minimum hours I'm paid through an umbrella company. I drive their van and use their insurance. While I have been off I have been in regular contact with them updating them on my condition, so they know that I am returning and haven't wandered off. They just kept telling me 'next week' and now it's a good few weeks later and still no payment.

[obiter dictum]

Then you need to raise an informal Grievance with the manager you report to in writing