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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45296
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a Limited Company who has been informed via email whilst

Resolved Question:

I am a Limited Company who has been informed via email whilst on holiday that my services are no longer required.

No notice no previous warnings

Do I have any grounds to claim for compensation etc?
[email protected]

Many thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Could you please tell me how long you were providing your services.
Customer: replied 2 years ago.

I commenced fulltime 3.7.13 and had a contract until 27.6.14


 


Client was very happy with my performance and most disappointed that I had been sacked.

Expert:  Ben Jones replied 2 years ago.
OK thank you, XXXXX XXXXX it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Expert:  Ben Jones replied 2 years ago.
As you are a limited company and are basically providing your services on a self employed basis you will not have the same rights as permanent employees, most importantly protection against unfair dismissal or the legal right to receive a minimum notice on termination.

Whether a self employed worker is entitled to a notice period will depend on their contract. If there is a termination clause that specifies a notice period on termination, the employer would be expected to give that notice if they wish to end the employment relationship.

However, it is often the case that no written contract exists, or there is no notice clause in it. In such situations, the worker can still expect a 'reasonable' notice period to have their employment terminated. This is because even in the absence of a written contract they will be working under an implied common law contract and to terminate such a contract a reasonable notice period is required. The only exception is if the contract was terminated because of gross misconduct, that is any misconduct serious enough to justify the employment relationship terminating immediately.

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. The worker can nevertheless raise this issue with the employer and attempt to negotiate a reasonable notice period with them, a period that they will both be happy to accept.

So the key is whether you had a contractual notice period for termination. If you did then your compensation would be limited to that notice period. If you did not, you can ask the courts to decide on what a reasonable notice period would have been in the circumstances and issue compensation to cover that period.

Hope this clarifies your position?
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45296
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
Expert:  Ben Jones replied 2 years ago.
Hello Stewart, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

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