Hi,
I have had an accident whilst working for a company via an agency as a ltd driver. At first my agent didn’t mention liability. Months passed by and as I noticed underpayment by my agent; tried to resolve this, he mentioned that I “could” be made liable for the accident as I’m Ltd.
However, surely companies or agencies before hiring ltd drivers have the obligation to clarify liability??
Unfortunately at the time of signing up with the agency I can’t remember if I signed a contract and if yes, I didn’t get a copy.
Is it possible that the agency is liable and is only bluffing to get out of paying me; otherwise if I was liable, the agency would have thrown the cost onto me surely?
So my question are as following:
Q1: Can agencies sign up ltd drivers without clarifying that the driver will have all liability?
Q2: Is it possible that I signed a contract unknowingly about having all liability?
Please help!
Thanks in advance!
the nodding donkey:
I don’t have a drinking problem.
Having just seen your picture, I have to wonder whether your girlfriend does…
But enough messing about, the OP has asked for advice!
And while I can’t give any, I do have the question of whether the agency are withholding money to pay for the damages, or because they MIGHT have to pay for the damages?
OP, you really need to nail down why the agency are withholding money, and EXACTLY what your liability is!
Be 100% aware that most agencies are mercenary, and will bleed you and string you along until deciding when to dispose of you if needed.
Don’t be fobbed off on exactly what the score is, and if they won’t tell you, prepare yourself to limp somewhere else.
JKaur:
Hi,
I have had an accident whilst working for a company via an agency as a ltd driver. At first my agent didn’t mention liability. Months passed by and as I noticed underpayment by my agent; tried to resolve this, he mentioned that I “could” be made liable for the accident as I’m Ltd.
However, surely companies or agencies before hiring ltd drivers have the obligation to clarify liability??
Unfortunately at the time of signing up with the agency I can’t remember if I signed a contract and if yes, I didn’t get a copy.
Is it possible that the agency is liable and is only bluffing to get out of paying me; otherwise if I was liable, the agency would have thrown the cost onto me surely?
So my question are as following:
Q1: Can agencies sign up ltd drivers without clarifying that the driver will have all liability?
Q2: Is it possible that I signed a contract unknowingly about having all liability?
Please help!
Thanks in advance!
Unfortunately it appears you have attracted the PAYE ‘secure job’ brigade who are far too quick to ridicule your decision to go Limited. You have to consider the fact these guys have previously ‘had a go’ and failed at self employment. They simply fail to understand how anyone can make it work and are eagerly awaiting clarity on whether it [Limited] is actually legal.
To answer your questions:
Q1: Yes they can sign you up without clarifying liability. It’s my guess the agency (“it”) avoids the question as it knows, it is primarily liable. It may attempt to pass on some or all of its liability to you in the event you were negligent in your assigned duty.
Q2: You cannot ‘unknowingly’ sign a contract. By signing a contract, you understand and agree to the terms within.
Many Thanks For all your help. Much appreciated.
I’d like to ask another question: What are my options legally if the agency was to hold me liable on grounds of a contract signed by me not being aware of liability whatsoever?
As I’m preparing for possible outcomes I’d like to know what I could do legally to challenge the agency. Also I read somewhere that when signing a contract certain aspects have to be discussed and laid in the open. That would have given me the opportunity to consider insuring myself before learning the hard way.
I run a LTD company but in Spain (goes under SL) and a requirement is liability insurance, i take it you have this? If so,depending on what type of damage and where (makes a difference) you could be covered.
From your description it sounds as though theyre holding you to ransom/blackmail by under paying you with the threat of liability for this damage if you persue your lost earnings. Does sound like a shower of ■■■■ agency to work for, if theres other work around it may be better to just leave and be done with it…
The fact that the op is asking such basic questions here, indicates to me that the op hasn’t a clue. And probably fell for the “one pound per hour more, sign here and we’ll do the rest” sales ■■■■■■■■.
the nodding donkey:
The fact that the op is asking such basic questions here, indicates to me that the op hasn’t a clue. And probably fell for the “one pound per hour more, sign here and we’ll do the rest” sales ■■■■■■■■.
That’s rich, coming from someone who needs to ask basic questions on tacho law.
the nodding donkey:
The fact that the op is asking such basic questions here, indicates to me that the op hasn’t a clue. And probably fell for the “one pound per hour more, sign here and we’ll do the rest” sales ■■■■■■■■.
That’s rich, coming from someone who needs to ask basic questions on tacho law.
For a copy of the contract that you either did or didn’t sign.
If they fail to provide one, tell 'em to go bollox.
If they do provide one, read and see exactly where it states you are liable for any damages however caused. If you are liable, get a solicitor involved.
There’s not much more to add at the moment until you know what you’ve signed up to.
The thing to understand as a Ltd Co you work for that Co (you). The Co then touts for work via the agency, the clue is they are an agent, you do not work for them.
Look at your Co as you would your house, you are responsible for it’s running costs, insurance etc.
