I 'work for' an online company which provides a service through a network of 'self employed' workers such as myself, to the public.
We were told we are self employed and had to set up limited companies, however we are told how many hours / days a week we have to have available for the customers to book in for us to visit them for appointments, we have to work in a set format and follow strict procedures and complete tasks such as follow up calls within a set time period (usually X hours), we get paid a set commission per job completed, we don't get to choose which jobs / customers we accept regardless of travel time / distance and do not receive any petrol / car allowance, and we have no say in the price charged to customers or how a service is provided. We cannot send another person to complete a job on our behalf. We cannot decline business.
We work under the name of the big online company.
For years the majority of us have been paid a guaranteed top up commission on top of the commission per job because appointment numbers provided by the company we 'work for' aren't always high enough for us to make a decent living and we aren't able to really self generate business, but suddenly with very little warning we have been told this additional commission will only be paid if we meet very strict criteria (which is unrealistic) and if not, regardless of how many hours of work, travel, admin and appointment time we have worked, we will only get a very basic commission per job.
This month I have worked around 80 hours a week and on basic commission only would only take home £200 if I don't meet the criteria needed for the top up. The criteria is exceptionally high and of the 12 people in my region, one 2 would meet them this month. For the last 3 + years the 'guaranteed top up commission' has been paid with no questions and was seen as more a salary. We all got the same.
I don't get sick pay, paternity pay, holiday, a pension, and pay my own corporation, personal and value added tax, expenses and accountancy and have no say in how things are done.
It has been suggested that I am actually a 'worker' and the company is an umbrella company and although self employed for tax purposes - I may be classed as a worker for employment law purposes and actually entitled to Paternity leave, sick pay, holiday, minimum wage..etc. There have been many cases recently including with Uber of similar situations.
Has anyone got any experience with this?
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16 replies
Umbrellaaa · 28/02/2019 00:25
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