bullying

[iq50]

i have been sacked by our bullying manager today as a self employed van driver sub contracting to this national company how do i stand being a sub contractor. thanks

[sarahreiki]

I dont know but ACAS is an organisation devoted to preventing and resolving employment disputes. You can read up about it on line, and e mail (maybe ring as well) for personal advice. I used them when I got made redundant in suspicious circumstances (boss didn't like me, and I was the only one to go despite good apprasials etc)) and they were very helpful.

www.acas.org.uk

Good luck

[helpmetoo]

tough luck,
you say you are a self employed sub contractor,
if you havent got a fixed contract and are just working when it suits both parties then all that has happened is you have lost a customer, it happens,
he hasnt sacked you as youre not employed,
i used to shop at sainsbury but they havent sued me for using tesco now, thats business!
next time get a more reasonable person to work with..

[iq50]

to helpmetoo......i have a fixed contract and have worked for the firm for 8.5 years any further ideas ??

[themas]

What does your contract say? Does it cover termination? If the other party has breached the terms of the contract then you may have a case to take him to Court to claim damages, but be careful - this could be expensive and time consuming and result in failure. You would certainly need to use a solicitor to prepare a court case.

[buildersmate]

Oh I reckon that's very different then, IQ. No employer should allow a situation where it employs a person on this basis for more than 2 years. Unless you were working through an intermediary (employment agency or similar - and it sounds like you weren't) then you have very likely acquired employment protection rights as if you were employed. I would do as Themas suggests then speak to ACAS. You probably have a claim for wrongful dismissal.

[Gmcd01]

This sounds suspiciously like an employment coursework resit question, mainly because it's so rare that a basic scenario comes about. Forgive me if I'm wrong though, and here's a very basic lowdown;
You MUST have:
A contractual relationship between you,
You must be obliged to do the work yourself and ONLY yourself,
There must be a mutual obligation to be offered work and to accept that work which is offered to you,
You must be subject to 'sufficient' control of the hirer (A matter of fact),
and then finally you must look at the agreement as a whole (i.e: Take a commonsense view, how rare)

Facts that you haven't provided could be the difference between you being an employee or an independent contractor. As a caveat, I have no idea about buildersmate's comment on the 2 year 'limit', could be worth a look.
Good luck.

[iq50]

thanks to all ...in my contact the termination clauses are that i have to give a months notice but they can dismiss me at any time if i do anything wrongly ie abusing customers or work colleagues theft etc

[Gmcd01]

A few further questions:
Are you guaranteed a minimum number of hours per week/month/annum?
Does your contract provide for a replacement in the event of your sickness?
Are you provided with uniform or the tools to do your job? Who pays for the petrol and who owns your vehicle?

[iq50]

to gmcd01 in answer to your questions i am supplied uniform but the cost is deducted from my monthly invoice.i supply my own van and fuel. i have to provide cover if i am ill /hols. no guarntee of work many thanks

[Gmcd01]

Without the above 'irreduciable minima', you sound like a probable independent contractor; thus, you cannot claim for unfair or wrongful dismissal as you were not an employee. Only breach of contract is available to you.
I might of course be wrong as I'm only going on the most basic of basic facts and I'm sure this scenario is more complex.
If you can prove yourself to be an employee based on the above test, then based on your scenario you will be looking to prove constructive dismissal by way of harrassment/bullying. This itself is a completely different issue and needs looking at in further detail; any payment forthcoming would be calculated according to a sliding scale based on weekly payment and service length.
As I say, I've barely scratched the surface of this problem. If this is a genuine issue (By that, I mean real!) then you need to consult a solicitor who is well versed in employment practise as time is of the essence. If this is (As I suspect) an employment resit coursework, the answer I've given wouldn't earn even 40% so I would get an employment law textbook and begin with the ideas mooted above.
Good luck!