Police Raid ABC Founders Ex. 'Employers' Premises

Simon Collyer founder of the ABC worked in the Gig economy while developing the ABC. On the 14th November Oxfordshire Trading Standards and a large contingent of police raided his former employer. Please see our press release below. 

Simon Collyer v Right2Improve Limited. Case Number 3200189/2017

A Colchester civil rights campaigner, Simon Collyer, founder of the Association of Pension & Benefits Claimants Cic, also known as the ABC – has recently won a significant Working Time Regulations case against Chelmsford based, renewables energy company; Right2Improve Limited.

Mr Collyer supported himself working in the Gig economy while building up his organisation and he was contacted by Right2Improve Limited, who were seeking sales staff. The job was commission only, but the job advertisement included petrol expenses.

Mr Collyer started with Right2Improve on December 12^th 2016 and completed an induction weeks training successfully, but after meeting his manager Mr Gary Hebert at a customer’s residence, Mr Herbert seemed agitated when Mr Collyer was not able to start making sales calls the following day, due to a vehicle mechanical issue. Mr Collyer had asked for more information about petrol expenses on the course, but that request was ignored and in the following week, Mr Herbert again became combative when petrol expenses were brought up.

Following Christmas 2016, Mr Collyer attended the Monday morning sales meetings for two months, but he was given no sales leads. He asked for a meeting with Mr Lewis Borg, the managing director, to discuss the situation. Eventually Mr Collyer asked for help from ACAS at which point Right2Improve Ltd terminated, Mr Collyer.

‘The situation was odd’ said Mr Collyer. Sales reps had to sign a pre-contract agreement promising the earth to the company and then later were given a ‘self-employed contact’ which the Court felt at one stage, might supersede this written understanding.

Mr Collyer took Right2Improve Limited to an Employment Tribunal representing himself. The Working Time Regulations 1998 were brought in by the EU. Effectively ‘workers’ who can be self-employed as well as those employed, are guaranteed basic rights in law such as minimum wages, holiday pay and so on. A lot of these cases have hinged on the ‘field of dependant working relationships’ and the right of the individual to substitute an alternative worker. In the Right2Improve case, the Company stated in their contract that Mr Collyer could substitute someone else, but that person would have to be approved by the Company.  In other words, it was not an ‘unfettered’ relationship. The on-line job advertisement had been taken down and the fuel offer could not be proven at tribunal.  

Mr Collyer won his case against Right2Improve represented by their legal experts, Chelmsford solicitors, Archers Law. ‘I was elated’ said Mr Collyer. However, it was a pyrrhic victory as Mr Collyer did little work beyond attending sales meetings and initial training.

‘Some of the sales practises were alarming’ says Mr Collyer. ‘I was being managed out of the business'. 

‘The home improvements industry has its share of cowboy operators’ said Mr Collyer. The term ‘hungry salesman’ is no empty metaphor. Simon hopes his victory will lead to better treatment of sales people, which in turn will lead to greater protection for consumers. 

EDITORS PLEASE NOTE: Simon has offered his article 'For Whom the Doorbell Tolls' to you, about the home improvements, direct sales industry. A touch of Hemingway you might say!! 

Image: Right2Improve Limited