constructive dismissal,

[james2009]

can anyone help with what this actually entails? and if it could be applicable to a self employed sales agent. things are being made deliberately difficult with work with withheld or late commission payments, playing office staff off against me with my accounts, withholding information and expenses etc.

it is at a point where doing the job is getting to be impossible can anyone shed any light on what i would need to prove should push come to shove?

[coletrickle01]

james2009 said:

can anyone help with what this actually entails? and if it could be applicable to a self employed sales agent. things are being made deliberately difficult with work with withheld or late commission payments, playing office staff off against me with my accounts, withholding information and expenses etc.

it is at a point where doing the job is getting to be impossible can anyone shed any light on what i would need to prove should push come to shove?

I wonder if that might be important...?

[kowalski655]

There is a thread on here IIRC that mentions that self employed isn't always that, depends on the nature of the work and contract in some circumstances.

[james2009]

i think the self employed side of things will be key, at interview though there were certain terms and conditions agreed by both parties before work commenced so i think there is a bit of a case.

not looking forward to it if it has to go this route.

[icetea]

If you really are self employed, then you have no claim for constructive dismissal as you were never an employee in the first place.

The first step would be working out whether you were self employed, or an employee - bear in mind that isn't yours or your employers choice to make... you either are or you aren't.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Ta...

Employment status: basic checks to help you decide

You can usually work out your employment status by asking a few straightforward questions.

You are probably self-employed if you:

run your own business and take responsibility for its success or failure
have several customers at the same time
can decide how, when and where you do your work
are free to hire other people to do the work for you or help you at your own expense
provide the main items of equipment to do your work

You are probably employed if you:

have to do the work yourself
work for one person at a time, who is in charge of what you do and takes on the risks of the business
can be told how, when and where you do your work
have to work a set amount of hours
are paid a regular amount according to the hours you work, and get paid for working overtime - even if you do casual or part-time work, you can still be employed

[anonymous-user]

If you are employed, constructive dismissal occurs when the employer commits a repudiatory breach of the contract, and the employee leaves in response to that breach. The breach may occur in a single instance, or through an accumulation of wrongs, building to a "last straw". The employee must assert his or her rights promptly.

If you are not employed, you can still claim that the other party has repudiated the contract, but you have no statutory employment protection.

[dfen5]

Why not ask for a meeting with the person who agreed you work for them as a sales agent and signed your contract?

Write down your issues with examples and the proof. Explain the situation, give them an invoice for letters/time/interest on late commission payments and give them notice to improve.

If you're good for them they'll sort it. If not..

Either you're a professional business person and expect to be treated a such or you're one of life's victims. Grr, go tiger etc.