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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47917
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, I have resigned from a consultancy contract last week. I

Customer Question

Hello,
I have resigned from a consultancy contract last week.
I had signed the first contract in February and the project lasted 3 months.
After that I continued to write invoices and have been assigned the 'COO' title as my
responsibilities grew substantially. I felt that I needed to re-negotiate the conditions and it ended with my resignation. Now, in order to get paid for this month, I am pressured to produce a hand-over document and explain the work I have done to a number of employees at conditions that I do not intend to accept. I am not sure whether there is actually a valid contract between me and the company though as I never signed a new contract after the 30th of April. If not, then I could just resign and not accept those handover conditions right? In that case, would I be entitled to the half-months pay at all?
Many thanks,
Lorenzo
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. What is the half month's pay for?
JACUSTOMER-ap6qr8vn- :

Hi Ben,

JACUSTOMER-ap6qr8vn- :

the half months pay would be around 2000GBP.

JACUSTOMER-ap6qr8vn- :

It would be important for me to have a feeling if there is a binding legal contract between myself and the company.

JACUSTOMER-ap6qr8vn- :

As they are saying I did not respect the notice period.

JACUSTOMER-ap6qr8vn- :

I never signed a new contract after the initial one which was bound to 3 months (ending April 30th).

Ben Jones : Did you continue working on the same conditions as the initial contract?
JACUSTOMER-ap6qr8vn- :

Yes, the same pay. No contract but continued sending invoices.

Ben Jones : Is what they are asking you to do something that would have been acceptable under the terms of the old contract?
JACUSTOMER-ap6qr8vn- :

Under the old contract I would have 30 days notice, so I suppose they could ask me for that if that old contract would still hold.

Ben Jones : Sorry I was referring to the handover conditions?
JACUSTOMER-ap6qr8vn- :

There is nothing specifiying handover conditions i think.

Ben Jones : Ok let me get my advice ready please, will reply on here shortly
JACUSTOMER-ap6qr8vn- :

Thank you.

Ben Jones :

It is almost certain that a contract would have been in place. It is not necessary for a contract not be in writing or signed by both parties to be valid and often contracts can take the form of a verbal agreement or even be implied trough the parties' actions.

So in your case the fact that you continued to work for this employer and be paid in return would certainly imply that some form of contract was implied and was in place.

The issue then becomes what the terms of such a contract would be. That is not easy to determine and will often depend on the individual circumstances , intentions of the parties, etc. It may also be the case that if you had continued to undertake more or less the same duties as the initial written contract, for the same pay and without a break between contracts, that it would be implied the same contract had continued to apply.

So a contract will have been in place it's just the terms that are going to be uncertain. In terms of the payment, that would be difficult for the employer to refuse to pay you. They would need to show that you had acted in fundamental breach of contract and that you had failed to adhere to the terms of the contract you had with them. In other words that you had not done what was required of you under the contract. However in the absence of anything in writing claiming this would be rather difficult by the employer so even if you leave and give a reasonable notice period you should still be entitled to payment.

Ben Jones :

I am going offline shortly, please let me know if this has answered your query or f you need me to clarify anything?

Ben Jones :

Hello again, was your original question answered last night?