Employer/Company not paying wages

[legalfun]

Hi all,

Posting on behalf of a friend.

He started working as a self-employed DPD driver working for a franchisee in late September.

Here are some things that have happened:

- vehicle accident - there was some damage and the franchisee requested my friend pay the excess
- working 12-15 hours a day
- a couple weeks ago my friend took sick leave - he was informed he would be charged £100 for each day missed. The reason being that franchisee loses money for leasing, insurance etc. when the van is not being used

The last one was quite shocking so we took a look at his contract here: https://ibb.co/Kb8tBy0

Here it is in text:

"
The specific terms of this Agreement are as follows:

1. Damage to vans charges passed on and deducted from the current 4 weekly pay period, or you will have 21 days to rectify the damage with an approved repairer.
2. Parking fines passed on and deducted from the current 4 weekly pay period.
3. Lost/misdelivered parcel are to be resolved within 48 hours or charges will be passed on.
4. Casual sick days/no shows will be charged at:
   1. LWB £100
   2. SWB/Lite £65
5. A notice period of 4 weeks/1 month is required for resignation. An early release fee of £1,000 will be charged to cover payments for the van, training and uniform. Also no driver is allowed to work for any other dpd driver or for any dpd depot within a 30 mile radius for a 12 month period from date of leaving/dismissed
6. Outstanding balances will be paid 14 days after the 4 weeks notice period to cover any damages,PCN'S OR losses
7. Fuel card will be provided to you; however, this is optional. Charges will be deducted from the next 4 weekly pay period. You must send the receipts to me on the day you fill up or there will be an admin charge of £10
8. Every driver is expected to return back to the depot to debrief every working day unless authorised by me or management.
9. Training is paid at £50 a day but if you do not stay with the company for more than 3 months this will be taken back.

This agreement may not be modified in any manner unless in writing and signed by both Parties. This document and any attachments hereto constitute the entire agreement between the Parties.
"

It's not the biggest contract so my friend should have read it but he thought it was just standard stuff. This does not look like a self-employed contract.

What is a casual sick day? How can my friend be self employed but not be allowed to work with any other franchisee within 30 miles for 12 months? I'm struggling to see how a lot of these terms are valid.

My friend was paid about £130 a day. But he's basically lost his last set of wages to the excess regarding the vehicle damage and sick days.

Re. the vehicle accident, the van was already damaged in the same place and when my friend queried this, the franchisee said he was waiting on quotes for a few weeks and can't get it repaired if drivers go damaging it further. A few weeks seems like way too much time to get it sorted.

Can my friend do anything about the lost wages?

[atticus]

Even if you think it might be "standard stuff", always read and understand a contract before signing it. If it is the other party's standard document, it is going to favour them and not you.

[legalfun]

Yes I agree he should have, it is not a long list. Still, this doesn't look like a valid contract

[atticus]

The wording quoted does not look like a complete contract.

[ULA]

It may be helpful uploading a copy of the contract with personal and identifying information redacted.

[legalfun]

The link I posted is genuinely all there is.

The top part is just the company name of the franchisee and the date when this contract starts.

The bottom is just signatures.

[ULA]

So what you have set out in the link is not what I would be expecting to see as a fully detailed contract even on a self-employed basis.

I am concerned because having done some research I am unsure on what basis the franchisee is operating in respect of their contract with DPD. Has your friend been employed as a supply driver to the franchisee in the event they are unable to perform the services they are contracted to with DPD under their "owner-driver franchise model"?

I think we may need some back-ground as to how your friend became a self-employed driver to this franchisee.

[legalfun]

Here is the ad my friend applied to https://uk.indeed.com/cmp/Se-Logisti...earPrefilter=1.
I'm a bit shocked at my friend to be honest - this is clearly advertised as employment and so he should be an employee. He even said he gave his NI number. But his boss i.e. the franchisee requested my friend to provide an invoice each month.

[ULA]

It seems that the advert has been taken down as the link just says "We cannot find that page"

Going back to your original post your friend signed that agreement and it appears the franchisee is enforcing those clauses in respect of the accident and sick leave.

My overall view is that this agreement is not what I would expect to see for either an employed or self employed contract. Maybe your friend should think about looking for another job in the meantime which has better terms for him.

[legalfun]

That's strange, I'll paste the ad at the bottom. Otherwise, he's out of it already, but his boss isn't paying out the rest of his wages.

----------------------------
Multi Drop Delivery Driver
SE LOGISTICS 2020 LTD - Croydon
Multi Drop Delivery Driver
SE LOGISTICS 2020 LTD - Croydon
£26,000 - £40,000 a year
SE LOGISTICS 2020 LTD is a growing company in a sector that has gone from strength to strength during the last few years and has excelled during "2020" the year we all want to forget.
We have existing contracts with one of the largest players in the parcel delivery sector and other smaller companies in the market for small freight.
You will have a weeks training which you will be paid for, and then you should be fully trained to do your route on your own.
Our fleet is currently LWB vans
We supply drivers to sites, who then have access to managers for any of their needs 24/7.
We don't just deliver parcels we deliver customers promises to their clients and we do this with the care and consideration you would except.
Job description
We have a fantastic opportunity working with dpd, If you are a dynamic, eager, customer focused individual who can drive a van and are looking for a new challenge this is the role for you. This is your chance to become part of a growing provider. We have current opportunities in your area as a last mile delivery experts
You will be paid £1.10 a successful stop and between 100-150 stop a day, 5 days a week( out of 7 days)
The depot is in Croydon and the routes are in west Wickham and beckenham
An experience of minimum 1 year would be a benefit.
✭ WE PROVIDE THE VAN, INSURANCE, UNIFORM AND HAND-HELD DEVICE AT NO COST TO YOU✭
Documents required:
DBS certificate ( basic disclosure on the gov.uk website
UK Driving Licence for at least 12 months (no more than six points)
National insurance number
Passport
Proof of right to work if required
Job Types: Full-time, Permanent
Salary: £26,000.00 to £40,000.00 /year
Job Types: Full-time, Permanent

Salary: £26,000.00-£40,000.00 per year

Supplemental pay types:

Tips
Ability to commute/relocate:

Croydon: reliably commute or plan to relocate before starting work (required)
Experience:

Courier: 1 year (preferred)
Driving: 3 years (required)
Licence/Certification:

UK Driving Licence (required)
Work Location: On the road

Reference ID: Se logistics multi drop

----------------------------------

[ULA]

I am sorry to say I am not sure there is much your friend can do unless he can argue that the vehicle damage charges are excessive and they have not calculated his sick days correctly.