Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How much notice are you are able to give the existing employer?
My offer is to commence work on Monday 3rd March....so 8 working days notice
are you self employed?
Yes, but through an umbrella company
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
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
sorry had problems getting back into chat.
ok still here
thank just finishing off my advice
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.
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
potentially yes, you can argue that it is a breach of contract
you can argue it can make the whole contract void
ok Ben, that is useful. Thank you.
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