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Joshua
Joshua, Laywer
Category: Employment Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am an IT contractor that has had some personal issues that

Resolved Question:

I am an IT contractor that has had some personal issues that have meant I have at times during the contract been unable to be on the client site. THroughout this period I have maintained communication with the client and have continued to deliver the product/service defined within the contract

Can the client terminate without notice (the notice period on the contract is 4 weeks)?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

For the avoidance of doubt from what you say you are a self employed rather than employed contractor in this scenario. Is that correct please?

Customer: I am self-employed-the contract being between client and my ltd company
Joshua :

Thanks. Is there any minimum term associated with the contract? Is the notice period provided for in the contract 4 weeks or is it longer?

Joshua :

I am shortly going to be logging off for a period as I have an appointment to attend. If you are not able to respond right now may I revert to you a little later this evening - probably after around 8?

Joshua :

In the hope that it may assist in the meantime, if there is a minimum term in the contract then this will apply subject as follows. If there is no minimum term then the customer can terminate having given written notice subject to the minimum term of 4 weeks notice if this is what is specified in the contract.

Otherwise in order to terminate summarily without notice, the client would have to point a substantive breach of contract on your part as a failure to perform a fundamental part of the contract. The burden of proof would be upon them to show any fundamental breach. A general dissatisfation with the quality of service would not be sufficient to terminate; it would have to be a failure to supply basic fundamental parts of your service contract. The burden of proof would be upon them to demonstrate any fundamental breaches they claim as above. If they are unable to show a fundamental breach but rather only a general dissatisfaction regarding your service this would be insufficient to terminate but may be a basis to negotiate on the fees paid under the contract.

Customer: The contract is a fixed period-about 5.5 weeks left.
Customer: the notice period in the contract is 4 weeks (me to them, or them to me)
Joshua :

Thanks. On that basis unless they can point to fundamental failure to perform service under the contract which from what yous ay they cannot, they must terminate the contract subject to the minimum notice period and term. if they have complaints about the level of service then this may be grounds to dispute the amount payable but not to terminate the contract summarily.

Joshua :

Is there anything above I can clarify for you?

Customer:

Thanks for this information - very much appreciated.

Joshua, Laywer
Category: Employment Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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