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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7901
Experience:  28 years as a practising solicitor.
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Customer Question I am a self-employed Taxi Driver, in Scotland,

Resolved Question:

Customer Question
I am a self-employed Taxi Driver, in Scotland, working under the umbrella of a Taxi Company to whom I pay a weekly fee (£150) for work via a Data Head (Radio). I also understand that “The Terms and Conditions” on which I affiliate myself to a particular taxi company is a matter for my own commercial judgment.
In this instance my commercial judgment was that the “company” Working Guidelines and working practices was agreeable. There was no signed Terms and Conditions but an acknowledgement that one would adhere to the “company” guidelines and working practices.
Over the past eighteen months or so the “company” has eroded, changed and implemented without notice or consultation many of these original working practices and imposed changes in an autocratic manner.
To help decide my future options I have:
Three Qs
One: Legally: Am I paying the “company” for a service? (Paying them to get me work). Or am I being charged for a service the “company” provides.
Two: Legally what would constitute being over charged for a service?
Three: Can the “company” changes its working practices without consulting the drivers. In my view it has changed the original agreement in which we did business together.

This is the largest Taxi Company in the area. It would not make financial sense to leave but at the same time I am paying a lot of money a year for a service (??) that is not delivering.
Please do not post on web
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

1. You are a self employed driver. You are not paying for the work. You are doing the work. You are paying them for the administration and technical service.

2. Overcharged would be being charged more than a contract provides for. In the absence of evidence of a contract you would try to look for what is normal in the industry but as you acknowledge it is a commercial decision for you.

3. Again unless there is a fixed contract term, either party can elect to accept or not a change in working practices. It is not as of you are an employee with rights under employment legislation. If agreement can't be reached then you, and indeed others, can vote with your feet and go elsewhere or even set up your own administration, as happened in Glasgow in the 1990s as I recall.

Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.


Thanks for that. Last two Qs then I will draw a line under this.


 


We have very recently been informed, without consultation, that if our vehicle is off the road (hence not using any company services) irrespective of how long we will still have to pay our weekly dues. Even if I'm "self-employed" surly that cannot be enforced.


 


On the technical and administration side.


Wrong address information, timing’s, call back facilities not working, double bookings, unable to process credit cards in a timely manner, data heads jamming or being intermittent or the system crashing at peak times are all a recurring theme over a 12 month period.


When you complain the answer is always the same, “we are looking into it”, “it’s being fixed” etc. Which I’m sure is true. However as an individual even if self-employed I must have rights about paying for a service that is not delivering what I am paying for.


Many thanks for your help.


 

Expert:  JGM replied 1 year ago.
If you haven't agreed to that then there is no contract right to impose the condition afterwards and it can't be enforced. Again, if they insist on the change such things are a matter of agreement or not, as the case may be. You can choose to not accept a change in conditions and go elsewhere. However, if there is already a contract in place one party can't unilaterally change the contract without the consent of the other.

As regards XXXXX XXXXX not working, you can claim damages for breach of contract representing the loss suffered by you as a result of things not working properly.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7901
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks

Customer: replied 1 year ago.

Can a verbal agreement or an acceptance of working practices be deemed as a contract

Expert:  JGM replied 1 year ago.
Yes, both can be deemed to be a contract.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7901
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.

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JGM
JGM
Solicitor
5214 Satisfied Customers
28 years as a practising solicitor.