can this be allowed? is it legal?

N

NOAH

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This has me stumped and I am CIPD qualified but worked all my life in a large company where people values and integrity were a by word.

A friend of mine works on a self emplyed basis for a nationwide magazine that advertises using photos and photos are taken with a digital camera, then emailed etc. The pay is based on daily allowance to cover phone calls, and petrol, it is miserly, friend works 2 days a week. The job is commmission based so pay is per photo and size of photo. Bigger is dearer so more commission. Anyway this company changed the ad rates last november and issued a document that showed old ad rates, old commission rates, new ad rates and new commission rates. Friend gets paid every 4 or 5 weeks in arrears and has queried when new commission rates will be implemented. At last today an edict was issued saying commission rates were never raised and it was an internal communication that caused the confusion. So rates were those that came into effect April 2004 and still applied. At the same time this edict said, ad rates are going to be increased again, and yes you've guessed it, commission rates are staying the same as they were from April 04. Bearing in mind it has taken the company over 5 months to come out and say commission rates have not increased as per the internal communication I believe they are on dodgy ground but if anyone complains they can sack them as self employed have no legal rights!! Some of the ad increases are 28% or more.

My reckoning is that the internal communication that was issued to all changed the terms and conditions and now form part of the contract and therefore should apply. However there is also a clause in said terms and conditions that company can reduce commission at anytime.

Is this just tough or can the company be challenged?

noah
 
I guess in legal terms, a lot would depend on the exact wording of the notice of new rates. Who was it addressed to? How was it phrased?

However, in practical terms, I may be difficult or impractical to pursue a legal solution. Is the photographer prepared to walk away if business continues on the original low rates? Can he negotiate a rate somewhere between the two?
 
Hi Noah,

If your friend is self employed then it evident that this is simply a commercial agreement between two parties. What is the nature of the contract between your friend and the magazine? On the face of it it doesnt look like an employment contract.

Is your friend a member of a trade union or a professional representative body?

ajapale
 
Thanks for replies. I have seen the all the paperwork and it is an agreement not a contract. It has a lot of paragraphs and basically it is that they the company call the shots and its a case of take it or leave it.

noah
 
The Revenue Comms would have the view that this guy is effectively an employee, (even if both parties would prefer he wasn't!). Employment law has also tightened up on the whole area of contract-based work, to the extent that contiuned reliance on roll-over contracts will eventually require an employer to offer a job to the "contractor".

On this basis, he may be entitled to the full protection of employment law. Check with the LRC.
 
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