Unsure how to procedd, Self employed Van driver

[Nesiah]

So I’m self employed as a van driver, the company who I work for, is a subcontracted logistics provider of a very large very well know electronics company in the uk.

This electronics company also owns the vans we drive.

There are many of us in this area and we all self employed for the same logistics company.

Some time ago I caused some accidental damage to a customer external wall.

I assumed that the logistics company I work for would be insured and the damage would be paid for from that.

3 months down the line. The electronics company has approached me and offered me a full time contract working directly for them, which I have accepted and already started.

I’ve told my ‘boss’ and he has now requested I set up a payment plan for the £8000 worth of damage I caused in order to pay him back.

Surely the damage has been paid for from the insurance and I am not under any obligation to pay for this?

The other drivers have mentioned that he has used a similar tactic to keep an employee from leaving in the past.

This evening he has now sent me a long list of damage I am supposedly responsible for dating as far back of 6 months. And wants me to pay him £400 a month.

What on earth is going on? This can’t be a thing surely?

Any advice ect please as it’s now become very stressful.

[WTFH]

Hi there,
Welcome to the forum, although I'm not sure we're going to be much help. I would suggest you try speaking to Citizens Advice: https://www.citizensadvice.org.uk

[Paddy]

Whatever line of self-employment you do, always get yourself insured for public and professional liability.

0808 1637 869 https://www.hiscox.co.uk/

[ladymuck]

If you were self-employed then you should have held insurances against any such incidents. That is one of many costs of being in business on your own account.

The logistics company would indemnify its employees against accidents but not self-employed subcontractors. Your change in employment status does not change that.

However, I do agree with WTFH that you should take some advice as it sounds like the logistics company is playing some nasty games.

[northernladuk]

Wasn't there a case where self employed van drivers argues they were employed and won?

Had a look around but there is so much I don't have time to have a dig but search for 'Bogus self-employment' and 'false self-employment'.

You certainly sound like you meet some of the criteria already. You even go as far as to say 'The other drivers have mentioned that he has used a similar tactic to keep an employee from leaving in the past.' using the term employee. Is that you incorrectly using it or is it how the company calls you.

Either way, if he's pushing you for this and you've not way out I'd go speak to a solicitor and try and prove you've been employed all along which then makes it your bosses problem, not yours. Even the threat of court action that he knows he's got a good chance of losing might be enough to quosh the damages. Have to be prepared to get the sack at some point and then taking him to an employment tribunal as well.

[KinooOrKinog]

Wasn't there a case where self employed van drivers argues they were employed and won?

Pimlico Plumbers, yes

[northernladuk]

Pimlico Plumbers, yes

Ah yes.
https://www.lewissilkin.com/Insights...-self-employed

So if I was the OP i'd be going to speak to a solicitor about this and counter the bosses request for 8k back with a case for employment for day one with all the benefits retrospectively paid they've missed.

[vetran]

one assumes you rented the van in some way?

The conditions of the rental should identify who insured it. I suspect the company renting it out probably did.

If so point him to that insurance firm. It does seem like he is trying it on.

[northernladuk]

one assumes you rented the van in some way?

The conditions of the rental should identify who insured it. I suspect the company renting it out probably did.

If so point him to that insurance firm. It does seem like he is trying it on.

He says

This electronics company also owns the vans we drive.

You mean does he rent the vans from his 'employer'?

[vetran]

He says



You mean does he rent the vans from his 'employer'?

No that is a closed question, I asked did he rent his van? I suggested whoever rented the van to him if he did would probably dictate the insurance.