FAQs – Employment Issues
Q. Can Hudson Contract prevent employment tribunal claims?
No company can prevent someone taking you to tribunal. But as our Contracts Director Ian Anfield explains, Hudson Contract protect you from the financial consequences – and all the stress.
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A. The employment tribunal system is designed to be free and easy for claimants, and they don’t have to pay costs if they lose. This has sparked a claims boom from trade unions and no-win-no-fee solicitors. We can’t stop these claims being raised (self-employed operatives can – and often do – take contractors to tribunal), but we take away most of the headaches of dealing with them so far as our clients are concerned. We also cover the legal expenses. To date, we have never lost a case.
Q. Surely any company can defend tribunal claims?
Ian explains what often happens.
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A. Third party providers often stall – and when a case continues towards toward a tribunal hearing, their clients discover they are on their own. Cases typically cost at least £6,000. We know of one where the ‘solution provider’ washed their hands off a claim, even though their website clearly stated that they provided full cover for employment and tax laws. Hudson Contract’s employment guarantee is for real; we never leave our clients in the lurch.
Q. Do I have to pay an operative whose work is not up to standard?
Our Sales Director Richard Crisp reveals what you should – and should not – do about payment.
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A. You have to give freelance operatives the chance to correct defective work. Should they refuse, you are justified in deducting the cost of getting someone else in. Take photos of the unacceptable work and keep a detailed record of exactly what happened.
Q. Do freelance operatives get workers rights?
Ian clarifies the situation.
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A. The Working Time Regulations do give ‘workers’ the right to holiday pay. Without being too technical, you can be self-employed for tax purposes but be a ‘worker’ as defined by the Working Time Regulations, and in cases like these, you have to prove the operatives are genuinely self-employed, not just for tax. Operatives contracted to Hudson Contract are deemed to be genuinely self-employed. We have proved this in the High Court and at dozens of employment tribunals.
Q. Are freelance builders entitled to holiday pay?
Ian says the answer is simple – and clear.
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A. ALL freelance operatives engaged under our contracts declare themselves to be self-employed and not an employee or worker under the Working Time Regulations. Hudson Contract has successfully defended the legitimacy of its self-employment contracts at tribunal on many occasions – with a 100% track record.
Q. I’ve been using the same subbies for years, is this a problem?
As Ian explains, there’s a definite risk – to your bank balance.
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A. You could be in trouble, and facing huge financial liabilities, if your contract is challenged at an employment tribunal. With Hudson Contract, length of service is not enough to be conclusive. We won a case in Southampton last year, where the claimant had 13 years of pre-Hudson Contract service and two years with us. We strongly recommend you contact us right away.
