Delivery drivers rights

[hidinginthebathroomagain]

My DS is working for a guy who has a delivery franchise of one of the big companies. So he buys a van and gets lads to deliver and pays them a flat rate. The lads are self employed. DS has had a bit of a hard time and told his boss he needs some time off cos he’s struggling mentally. He says no. So DS said he’s leaving. Goes to work his first day notice but has an episode so turns back with the van. Boss is now threatening to take all his pay off him for shifts not worked and the notice which he can’t work due to mental health. Can he say he’s sick and get Drs note for second week of notice period?

Is your DS self employed?
If so then he is unlikely to get paid if he doesn't work
I am not suggesting your son works if he is too unwell but generally SE people only get paid when they actually work

Even if your son is not self employed he would not be entitled to any sick pay and would therefore next get any money for the shifts he has not worked. He might as well just leave without working notice. What does his 'contract' say, if he has one.

How can he be self- employed but have to work notice? Surely he just stops working if he's self-employed.

I know nothing about employment law but that doesn't sound right.

As everyone else says, if he is self employed then there is no notice period, he only gets paid if he works so he either needs to get on with it and turn up if he wants to be paid or if he really can’t then he’ll unfortunately have to suck it up and look for other work he does feel able to do.

Self - employed people don't get paid sick pay normally.

He can’t be self employed if he’s only working for one person and can’t decide when he is and isn’t working.
Im self employed, I don’t get sick pay but I’m free to work when I want and for whoever I want.

How long has he been doing the work with this company?

Yes, my understanding is that if you work for one perosn/ company they cannot say to you that you are self- employed.

Do you mean not pay him money he has worked for to compensate for the ones he’s not going to work? If so then no he can’t do that even if he did have a contract, he needs to pay him for the shifts he’s worked and then he needs to find a new driver. Your son won’t be entitled to sick pay.

Yes, sounds like this might be bogus self-employment. He should get in touch with ACAS or CAB for advice.

https://www.citizensadvice.org.uk/work/check-your-employment-status/

It’s not about getting sick pay. The boss is going to deduct payment for days he’s already worked. He’s self employed in that he has to do his own tax & NI. He has a 2 week notice period. The boss is saying he’ll deduct the notice period off him for not working the routes even though he has others drivers to cover. He’s taking £300 off him for the day he had to turn back. He doesn’t expect to pay paid for any time not worked obviously but can he deduct payments for days already worked in lieu of notice?

It costs nothing to represent yourself at an employment tribunal. Your DP might be in what's termed "false self-employment".

It costs very little to go to small claims court if he is genuinely self-employed.

The test for whether you are self employed or an employee is a master servant relationship. If you are self employed you must be able to decline a job. There has been a number of high profile cases in this area of law involving Uber and delivery drivers. Where penalties for not doing a job were deemed unlawful.

That being said, In this situation the only option for your son is to issue a letter before action stating that he must be paid for the work he has done, no notice can be required as he he is self employed, and if they do not forward monies owed.

Then he will issue proceedings in small claims court.

The alternative is to seek a hearing at a an employment tribunal to determine if he was as a matter of law an employee, and to seek an award

he needs to speak to a CAB or law centre

Sounds dodgy for his boss. He isn't truly self employed and his boss could get into trouble. His boss can't withhold payment for work he's done. Speak to ACAS

His 'employer' can't withhold wages for work already completed. But he won't be paid anything if he's not there. If they're SE the employer doesn't have to give them sick pay or anything.
Is he in a union?

it really doesn’t sound like your son is self employed, his boss has told him to be self employed so the boss doesn’t have to pay tax and NI.
Your son really needs to get some advice on this. ACAS, join a union ( there is one for people in the gig economy), CAB and even possibly HMRC.

This isn’t a self employed role. There’s a very straightforward guide on gov.uk
https://www.gov.uk/guidance/check-employment-status-for-tax

This guy should not be treating his workers as self employed if they only work for him. Hell be in trouble if he is doing this and your son might use this to get better conditions.

It’s very normal to be self employed in this job.

The boss is trying to take his already earned pay off him because he turned back after started a route he’s saying it’s a failed route which he’ll be penalised for so is taking it out of his wages.

I would suggest to his 'employer' that either he pays up OR amongst other things you are going to report him to HMRC for bogus self employment

That might encourage him to resolve things quickly