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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44916
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I have been working for a charitable organisation for

Resolved Question:

Hi,
I have been working for a charitable organisation for the past 5 years in the UK. I'm self employed for tax purposes though the nature of the work required in the contract is that of a full time employee.
My initial contract stated that I will get an annual review of wages and haven't received a wage review in 4 years after the contract. Does this nullify the contract?

Also after a year into the job the Secretary drew up a new contract upon the request of my Accountant as I am Self employed yet the nature of my contract was that of an Employee. In this contract, it mentions that I'm offered a part-time job and my status is self employed, yet I'm required to work full-time. Does this nullify the contract?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What would you like to achieve?
Customer: replied 3 years ago.

I would like to know as to whether I'm strictly bound to the contract?

Customer: replied 3 years ago.
Relist: Answer quality.
Expert:  Ben Jones replied 3 years ago.
Is there a reason you wish to nullify the contract?
Customer: replied 3 years ago.

The contract is opposed to the real practice of the organisation (i.e. not granting me an annual wage review) and does not reflect the true nature of my job as a full-time employee.


 


Also I'm considering quitting my job as I'm assigned to tasks that weren't mentioned in my contract, and the contract requires me to give 2 months notice, and I want to know whether I'm bound by this?

Expert:  Ben Jones replied 3 years ago.
For the contract to be void there has to have been a serious breach of contract by the other party. Failure to adhere to some terms would not necessarily amount to a serious breach as it is not uncommon for some terms to be ignored or not followed by the letter. The breach in question has to be serious enough to go to the root of the contract.

A wage review can be a important clause but would not be as important as a guaranteed wage increase for example. A wage review provides no guarantees for a wage increase and as such failure to undertake a review when no increase may have been awarded anyway is unlikely to be seen as a fundamental breach of contract.

Similarly, if you were employed on a part-time contract but ended up working full time it would not make the whole contract void - the term regarding the amount of work done would be hanged, where a new term would be implied into it to replace the incorrect term, but it will not cancel the whole contract.

You can raise an argument that all these breaches, when considered together, could make the relationship one where it can no longer be continued and that altogether they could amount to a serious breach but this is a question of fact and interpretation and no one can say with certainty whether it would be accepted as a reason if it was taken to court - only a Judge can make that decision. So if necessary you may raise this argument subject to the risks of the employer challenging this and taking you to court - not something that often happens but nevertheless a potential risk.

I hope this has answered your query for now and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44916
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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