Urgent: self employed forced to sign a new contract with a company I work with/for

[eryca313]

Hi All,

It has been a while I contacted you guys, I appreciate all the help I got from you in the past. it has made a massive difference.

So i am a personal trainer and have signed an agreement with a company called xercise4less to use their facilities and gain customer base in 2012 (with no expiration date).

Today the operations manager told us all if we do not sign a new contract we cannot work on the premises. They have added and changed some points in the contract which I do not agree with and the manager has told us the original contract has been destroyed and we all have to sign the new once otherwise we wont be able to work.

I work on self-employed basis paying a weekly rent and fulfill all my obligations regarding the contract. I also would like to know whether I am an employee for the company or self employed as they tend to treat us all as employees.

I need urgent answer as they are making me to return the new agreement signed as soon as possible.

thank you

appreciate your response

[des8]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

Do you or any of your colleagues not have a (signed) copy of the original contract which you could post up (suitably redacted of course).

[eryca313]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

yes i do i probably be able to do it tomorrow morning. should i post the old and the new contract or just the old one?

[Johnboy007]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

Hi
Post both copies so we can compare the two.
Now a contract is a contract, and unless there is anything in the original contract that allows change of terms and conditions.
The company could very well be in breach of contract.
Usually, terms and conditions can only be changed with the approval of both parties, or else why have a contract?
If you are paying a fee, then the original terms and conditions still apply and you should point that out to the operations manager.
Tell him that you have not been consulted about the change and therefore do not agree to them.
I would suggest that you click on the enclosed link and read through it carefully.
It should answer your questions about being self employed or not.
Don't forget to post your documents.
http://www.hmrc.gov.uk/employment-status/#1

[eryca313]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

thanks for the replies. it took me 2 days to manage to resize the pictures but here we go. the first 3 pages are the once originally signed in October 2012. The rest is the new edited version

[eryca313]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

and this is the new contract we MUST sign

thanks in advance

[Johnboy007]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

There is significant and fundamental changes to the contract, which almost make you an employee of the company.
Yet on page three the new contract states that all services provided by the trainer is on a self employed basis.
The old contract states you may market your own products, while the new one states only those that are stocked by the company.
The start up fees have increased by Ł50.00 which is fine for new trainers.
You should make it clear that the company would be in breach of contract by insisting that you sign the new contract.
Call their bluff on this.
Depending on work situations in your area, I definitely wouldn't sign the new agreement.
There are too many changes for it to be remotely anything like the old contract.
And the old contract is still valid.

[des8]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

Whilst agreeing with Jb, the only caveat is that in calling their bluff they may give you 4 weeks notice. As Jb says "depending on work situation".

[Johnboy007]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

Whilst agreeing with Jb, the only caveat is that in calling their bluff they may give you 4 weeks notice. As Jb says "depending on work situation".

Yet again we agree with each other Des..
It a sticky situation, but the company are taking the p**s mate...

[wales01man]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

If they are Self Employed they can ply their trade elsewhere or are they Employed taking advantage of being sef employed tax and expenses wise?

[eryca313]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

appreciate all the answers. to make it clear. if they will give me a 4 week notice that is still breaching the contract and I can still take action against them?

if they would terminate my contract due to not signing the new contract i can appeal against it can I?

this company ask the least out of all the other companies for rent.

[wales01man]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

You could appeal you could try to claim off them in a Court or try an employment tribunal although as you are self employed paying your own tax and stamp you may not be able to go to a tribunal.
You must decide any action based on your earnings from them or others if you give them grief they may find a way to stop you working there .

They probably have the upperhand in all this.

[eryca313]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

wales01man we are meant to be self -employed, paying our own taxes, expenses etc but the company is treating us as full time employees. dont get holiday pay sick pay or anything, the company is trying to mess with us all the time.

[des8]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

You are self employed.
They can cancel your contract by giving 4 weeks notice.
I don't see that you would have a claim against them.
You will have to decide to sign or not sign the new contract.
You will have to weigh the advantages of cheap rent, against working with a company you are unhappy with.
You may decide paying the extra to join another outfit is worth it for better working conditions

[eryca313]

Re: Urgent: self employed forced to sign a new contract with a company I work with/fo

So basically when the company I work for/with breaching a contract there is nothing i can do? Do I have any rights in this case? because to me it seems a big company who is about to go corporate can do whatever they want and will get away with it. they have dismissed me once unfairly and i had let it go.