Been a subby for a company for nearly 10 years and been asked to do this

[Spark1987]

Been asked to now use a tracker on my own van while working for them. Feel this is totally unnecessary as it’s my own van and I’m self employed. Anyone have any thoughts on this?

 

[mattg4321]

Yeah, tell them to foxtrot Oscar and find a new job!

 

[buzzlightyear]

Because you are self employed and sub out to them, tell them they have no Wright to apply any thing on you. Espacaily a a tracker. Me I would tell them to kiss, you know what I mean.

 

[buzzlightyear]

I remember once I worked for a company
Where they said to me you are taking to long to get to the jobs and it was a big contract. Plus working on tod, they gave me a power tools.
So one morning when in the office throwing the power tools at them, and shouted shove them, the boss said what about the job, me shove where the sun don't shine.plus it was me own van has well.

 

[James]

They can ask, however you don’t have to agree.

I would send them an email stating that you have concerns about adding any form of tracking to your vehicle as it is owned by you and used for the purpose of your business (at times this may also be there business purposes also)

Also ask for a copy of there GDPR policy

If you have a choice to opt out or if using it is considered compulsory for continued employment.

What the information will be used for
How long the information will be stored
Who will have access to it
Weather there data security is regularly audited
If they have had any data breaches in the last 10 years

That lot should keep them busy for a while, often companies implement these things without considering all the problems that may come of it.

 

[Vortigern]

Did they offer any explanation as to why they want you to have a tracker, or have you asked them why?

 

[littlespark]

When I worked at RAF Leuchars in fife, The company did fit trackers to all their vehicles... only 6 of them. Lasted about 5 weeks until the RAF told them they couldn’t drive anywhere near the Missile Section in case the trackers set them off.
Some delivery lorry with a remote controlled hiab on the back was also sent packing.

 

[electric al]

4 down and 3 across would be my response ! Is it a sensitive government contract that you are working on ? That's about the only rational justification I can think of

 

[pc1966]

I guess it depends on the employment contract. If you are employed by them, it is their van, and the use/privacy policy is clear and provided to all staff then these is nothing you can do.

But as it is your van, and I guess you are free to use it outside for personal work or travel, it is a very different matter. You say it is "while working for them" does that mean you can switch it on/of at 8am/4.30pm or whatever your working day is?

I would say if they want it on all the time they should provide the van.

 

[Marvo]

What reasons did they give for requesting a tracker?

I suppose they're entitled to request it if they're willing to pay for it but it's your call if you want to do it....

 

[Rockingit]

I'd be more concerned about the implications of things like IR35 biting you in the arse. So yes, I can't think of any possible reason why I as an employer could justify asking a sub contractor to fit a tracker for my benefit, so I doubt very much they could either.

 

[Spark1987]

Did they offer any explanation as to why they want you to have a tracker, or have you asked them why?

Apparently so I don’t have to keep a track on my mileage anymore and they can see if I am close to any call outs, that I never get asked to do anyway. All a load of crap if you ask me

 

[buzzlightyear]

Apparently so I don’t have to keep a track on my mileage anymore and they can see if I am close to any call outs, that I never get asked to do anyway. All a load of crap if you ask me

ask them what reason why should have a tracker on my van considering I'm self employed
or are you moonlighting and say you are there .
me ok fit one on that will cost them when you leave them and stick it on a taxi .lol.

 

[Spark1987]

ask them what reason why should have a tracker on my van considering I'm self employed
or are you moonlighting and say you are there .
me ok fit one on that will cost them when you leave them and stick it on a taxi .lol.

Defo no moonlighting going on, you would think after all this time working for them that thing called trust would come into play.

 

[ruston]

Do you insure the van yourself? It maybe their insurance company is stipulating this condition.

Ps. I am referring to the goods and equipment you may carry, not the road traffic act .

 

[buzzlightyear]

Defo no moonlighting going on, you would think after all this time working for them that thing called trust would come into play.

moonlighting milord ,bring in a witness , you of the accused how do plead ..lol.

 

[snowhead]

The answer should be No to a tracker.
It's not that hard to work out mileage, if they don't believe you then as they give you the work they know where you've been so can easilly check the mileage.

As a Subcontractor you should be free to come and go as you please and do what you want in between jobs for them.
If you're not then you should be an employee of theirs.

 

[7029 dave]

Its your vehicle, they can't force that on you.

 

[Mike Johnson]

I don't know the regulation, but if within the company there is someone who could do the job you are sub-contracted to do they must employ that person permanently to carry out that work, they may be wanting to prove to the IR that they employ a sub-contractor because no one else has the expertise to carry out the work and that you work on other projects, the rules are a bit complicated and they may need the proof.

 

[electric al]

Are you using the companies fuel card ? Is your Van sign written with the companies logo ? Trying to work out how they they seem to think they are within their rights to ask you to
Comply with their request

 

[OnlQQker]

 

[Spark1987]

Are you using the companies fuel card ? Is your Van sign written with the companies logo ? Trying to work out how they they seem to think they are within their rights to ask you to
Comply with their request

Are you using the companies fuel card ? Is your Van sign written with the companies logo ? Trying to work out how they they seem to think they are within their rights to ask you to
Comply with their request

no fuel card being used, no sign writing on van. I can’t work it out other than they have issues with my hours I’m booking and where I am each day.... they have no reason to put a tracker on my van in my eyes

 

[Electrics]

They have no right to demand the employee of another company do anything.

 

[rapparee]

Well then. Tell them to provide you with a company van if they want a tracker on it.

It won't be going on your own personal van

 

[MJPD29]

Absolutely no chance only tracker id take is on a company van fully paid for

 

[Simon47]

I'd be more concerned about the implications of things like IR35 biting you in the arse. So yes, I can't think of any possible reason why I as an employer could justify asking a sub contractor to fit a tracker for my benefit, so I doubt very much they could either.

I had a similar thought in mind.
Once they start dictating how you work, and monitoring how you work, rather than employing you based on your outputs (I assume the OP is paid "to do X", rather than paid to turn up Mon-Fri and do whatever they find for him to do) - then you start getting into tricky territory with HMRC. If they are happy with your work and rates then they'll carry on using you - if they aren't, then an argument over a tracker isn't your only concern.
And as said, there's a lot of questions about privacy - are they entitled to know what other customers the OP goes to for example ?

 

[Rockingit]

I don't know the regulation, but if within the company there is someone who could do the job you are sub-contracted to do they must employ that person permanently to carry out that work, they may be wanting to prove to the IR that they employ a sub-contractor because no one else has the expertise to carry out the work and that you work on other projects, the rules are a bit complicated and they may need the proof.

I think you may be muddling up the TUPE rules, here.

 

[Mike Johnson]

No, its Inland Revenue employment laws I was referring too, not transfer rules, it's all about employing someone permenatley rather than temporarily which applies to sub-contractors and consultants alike.

 

[Rockingit]

No, its Inland Revenue employment laws I was referring too, not transfer rules, it's all about employing someone permenatley rather than temporarily which applies to sub-contractors and consultants alike.

IR35, indeed. Basically you have to be able to prove that you are bona-fide self employed which means demonstrating that you have more than one principle client.

 

[Zerax]

IMHO... from reading the responses so far... I think the exact employment status of the OP needs to be established first... it appears to be somewhat 'muddled' right now. This may not be that easy, and may require the OP to locate any contractural documentation he may have and to speak to his accountant.

 

[Mike Johnson]

IR35, indeed. Basically you have to be able to prove that you are bona-fide self employed which means demonstrating that you have more than one principle client.

And that you choose your own working time, and supply your own tools, the list of proof is quite long.

 

[Zerax]

I don't know the regulation, but if within the company there is someone who could do the job you are sub-contracted to do they must employ that person permanently to carry out that work, they may be wanting to prove to the IR that they employ a sub-contractor because no one else has the expertise to carry out the work and that you work on other projects, the rules are a bit complicated and they may need the proof.

Not in the UK statutory law... in France, maybe. I've employed many hundreds of people over the years and used umpteen contractors... nobody can even check this sort of thing. I suspect that in a large organisation, this sort of rule may apply but it's not statutory law in the UK.

I once worked in a large organisation that prohibited the use of contractors for the whole of December. I think it was Xmas festivities related... I never knew the reason. Was an interesting conversation with the client... when you told 'em that after Nov 30th... they'd have to wait until January !

 

[Mike Johnson]

It's in the Inland Revenue rules of employment.

 

[Rockingit]

And that you choose your own working time, and supply your own tools, the list of proof is quite long.

I did say basically... ?

 

[Midwest]

Employment Intermediaries I subbied for the same contractor for a while, but it wasn’t week by week, year by year.

 

[Mike Johnson]

It generally happens when the IR check the accounts of any company that they question the employment status of any sub-contractor or consultants, this happened a few times during my working life in the UK and I was called to an interview with the IR personnel checking the accounts of my client's.

 

[Boristheengine]

And that you choose your own working time, and supply your own tools, the list of proof is quite long.

There is an online tool you can use to determine your IR35 status.

https://www.gov.uk/guidance/check-employment-status-for-tax

Note that the rules about who makes the determination are changing in April. Before then it was the contractor's responsibility, but after that (for large companies) it is the client's responsibility. There is a lot of change in the IT industry around this, die to many contractors being paid for 5 days a week essentially like employees.

 

[Simon47]

The official tool has been roundly condemned for being inaccurate and completely ignoring some important factors. In other words - don't trust it.

 

[Ned Gibbons]

I'd let them go ahead, and then trade the van in for new one.

 

[Greenarmy]

Are you the only subbie?
if not, what do the others think?

a lot depends on how well they pay. If you are being well rewarded and have nothing to hide, it may not be an issue. On the other hand, they may be trying to screw you.

hope it works out for you .

 

[SJD]

Are you the only subbie?.

If there are several subbies, it is possible they are more interested in what one of the others is up to, but can't just give one a tracker and not the others?

 

[Spark1987]

Are you the only subbie?
if not, what do the others think?

a lot depends on how well they pay. If you are being well rewarded and have nothing to hide, it may not be an issue. On the other hand, they may be trying to screw you.

hope it works out for you .

There are only 2 of us subbies with vans, just seems like they want best of both worlds, been given loads of work on price but still insisting on me using their tracker.
they can do fcuk them selves basically

 

[KWCFC]

Some companies simply have no shame

They could well be fully expecting you to say no but are just chancing their arm

It's a ridiculous request regardless