Lost my job without notice and also been threathen and bullied.

[debbiekrey2010]

Hello Please if you can help with as much as you can.

I currently am self employed to a company called Motorclean who sub contract valeters to car dealerships.

I have been in my job now for 4 months and loved it as i worked with great people and also a close friend worked in a team with me.

We have a team leader at land rover who is polish guy but ever since we started he stated he would rather have his friends who were polish working there instead of me and my friend who are english.

Over the months of working at land rover, he has been reported for trying to involve me in a de-frauding situation with I reported him to the main boss at land rover but ever since that hes had it in for me.

He has 3-4 times got very aggressive saying he would "smash my face in" or ive got it coming to watch my back and he a team leader. I reported this again to my boss from motorclean and he did not really seem to have a care in the world made excuses for the polish team leader and also when it come to the defrauding situation he wanted me to get involved they both made excuses for one another. ive tried getting along with the guy but hes arrogant , rude and acts very childish but walks around like he is the man.

Ive been threatend in my own work , very unfairly mistreated and the area motorclean guy i referred to earlier said on the phone polish guy cant get along with you so I have to stop you working at land rover as of tuesday and that was it.

The big boss at land rover love our work and we get along great do a superb job and he didnt even know anything about it. Is there anything i can do? Sorry if it took me long to explain it. Thanks

[dotty.]

I've read this before

[craft1948]

Did you stay awake?

[dotty.]

this is probably incorrect, but, if you are indeed self employed how do you have a boss?

[dotty.]

(p.s. excellent use of the paragraph even if it is written in slightly broken Enlglish)

[Barmaid]

Oh stop it! Does it matter if you've read it before or how it's phrased? THe OP may or may not be genuine, but other people stumbling here may find any advice helpful.

That said, I am inclined to think if you are self employed there is probably nothing to do (other than look at the terms of the contract). If you undertook responsibility for your own tax and insurance and were properly self employed I do not see you have any recourse. Even if you were properly employed, the fact that you have only been employed for 4 months may well mean that you do not really have a hope in hell of a claim. However, I know sweet FA about employment issues and there are far more experienced people than me around who deal with employment stuff.

[craft1948]

Sorry BM....:-(

[debbiekrey2010]

Its the same as working on a building site, you still have someone you work to.

I saw the job online and the person who interviewed me was the man who took me on. He comes in every thursday he sub contracts us to land rover. Land rover pay them as a contract to have us there.

[ummmm]

Do you pay your own tax and NI or is it taken from your wages?

[Buenchico]

If you're genuinely self-employed then (unless you've got a sub-contractor's contract which states otherwise) your contract can be terminated at any time and for any reason.

To be able to make a valid legal challenge you'd first have to be able to establish that you were actually an employee, and not self-employed. (That's tricky and you could end up with you having to pay tax and National Insurance which you've so far avoided). Then, since employees can normally still be dismissed without any reason during the first 12 months of their contract, you'd have to show that you had been subject to racial discrimination, which is unlawful at any time. (Under the Equality Act 2010, the definition of 'race' includes nationality).

I can't see any way in which you could do that but you might like to speak to someone on the Equality and Human Rights Commission's helpline to check the position:
0845 604 6610

Chris

[Barmaid]

The difficulty Debbie, as I see it, is that if you were properly self employed you fall outwith most of the employment legislation. Hope that someone like buildersmate or I think themas sees this Q, since they know what they are talking about here.

[debbiekrey2010]

Yes we pay our own tax and NI. They deduct £11.00 a week for insurance on the cars and £20.00 a week for the materials.

[mehz]

sorry for the lost of your job,just would like to let you know the insurance which get deducted from your wages is not actually national insurance num but it is infact insurance for driving dealership car.when you r self employed you were supposed to filled a self tax form and get yr tax deducted from the national insurance dept which is the dwp.There is no other round it,just leave the past behind and look ahead and try to find another garage and give your best performance.In all the job there are up and down,but we should ignore them and concentrate on yr work.Good luck and best wishes for the future.