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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47417
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a day rate contract which states that I have to complete

Resolved Question:

I have a day rate contract which states that I have to complete my contract (6 months). There is no notice period for me, but does state that the client can give one days notice. I have been made an offer of permanent employment elsewhere and would like to take this opportunity.

I am now into my 11th week of the 24 week contract and want to know if there are any legal issues I need to be aware of?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How much notice are you are able to give the existing employer?

Customer:

My offer is to commence work on Monday 3rd March....so 8 working days notice

Ben Jones :

are you self employed?

Customer:

Yes, but through an umbrella company

Customer:

I should also state that my payment terms are 30 days past each weekly approved timesheet. To date, the end client has missed the cut off date 75% of the time and I still have outstanding expenses. Their processes are not robust enough and require me to continually chase. The last example being my timesheet for last week. It as submitted on Friday, needed to be signed off yesterday at noon and was eventually done this morning which adds a further week onto the 30 days payment period

Customer:

I am keen to dis-engage in a way that is professional and whilst I expect they will not be happy, I am trying to ensure that I remain within acceptable legal limits

Ben Jones :

sorry had problems getting back into chat.

Customer:

ok still here

Customer:

still here

Ben Jones :

thank just finishing off my advice

Ben Jones :

As a self employed worker you will be bound by the terms of your contract, including notice of termination.


 


However, it is often the case that no written contract exists, or there is no notice clause in it. In such situations, the employer can still expect a 'reasonable' notice period to have the contract terminated. This is because even in the absence of a written contract you will be working under an implied common law contract and to terminate such a contract a reasonable notice period is required.


 


What is a reasonable notice period will vary greatly and will depend on the individual circumstances, industry practices, length of employment, frequency of payment, etc. There are far too many variables to consider, which means it is usually impossible to give a precise indication as to what would be reasonable in each case. It is therefore down to the courts to make that decision.


 


You can argue that if the employer was able to terminate the contract with just a day’s notice, a similar period should apply to you too. If you can give a week then do so as it will provide the longest you can give in the circumstances.

Customer:

and does the late payment issue provide me with a route out? I first raised the issue over payment in Mid December, and have continued to raise it with both the client and the agent

Ben Jones :

potentially yes, you can argue that it is a breach of contract

Ben Jones :

you can argue it can make the whole contract void

Customer:

ok Ben, that is useful. Thank you.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Customer:

will do

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