Advice for Hiring Self-employed Drivers: Don’t!

ByThe CPC Centre

Advice for Hiring Self-employed Drivers: Don’t!

Self-employed drivers in transport

Many drivers work as self-employed but the law is clamping down on this practice. Often both the companies and drivers do not realise that they are doing anything wrong. However, there are an increasing number of court cases resulting in significant fines which say otherwise.

Even those who are registered and paying taxes are encountering problems and this is affecting both the PCV and LGV sectors. Recently, one company has even had its discs curtailed on its Operator’s Licence to reflect the number of PAYE employees ONLY.

Our advice for employers when it comes to taking on self-employed drivers would be: don’t. Unless the driver also owns the vehicle and has an O Licence, the employer could be at risk.

The latest court cases on this matter are stacking up and it’s not looking good for those not paying staff on a PAYE basis.

 

Arguments in court that are not cutting it:

  1. “I drive for more than one company, therefore I’m self-employed.” Nope, if you’re driving for more than one firm, you are an employee of more than one firm. UNLESS you own the vehicle and have an Operator’s Licence.
  2. “In other industries, many people are self-employed and taking exact orders from their customer.” Outside of road transport this may well be the case, but we’re talking about drivers where the rules  change.
  3. “Everyone I know drives on a self-employed basis.” That doesn’t mean its legal. This is a cut-throat industry and many companies are doing their best to keep costs low.

If you are working as a driver on a self-employed basis or you are employing drivers on a self-employed basis we would strongly advise for you to get some legal advice.

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The CPC Centre administrator