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. can you tell me exactly how long you have been doing the cleaning here and have you proof of payment for this time.
Hi, it it approx. 6/7 yrs I first cleaned those offices, I originally did some work for one of the business partners wife who then past on my details to take on the office cleans,which I did. I did the builders clean for their newly bought offices & have cleaned there ever since. I have invoiced receipts dating back from all my self employed work for the offices.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Hi sorry I did post another question for you but it does not appear to have registered, so I will try again. Were you an employee or self employed?
Hi, I'm self employed as stated in my first enquiry.
Thank you for confirming I just needed to make sure as it will affect your rights. As a self employed worker you are not protected against unfair dismissal. You do not have the same protection as employees who the employer can only dismiss if they have a fair reason for doing so and also follow a fair procedure. You can be dismissed at any time without there being a fair reason for doing so and without the employer having to justify the reasons for the dismissal. The main issue would be whether you received the appropriate notice period on termination.
Under law, only employees are entitled to receive a minimum notice period in the event that their employment is terminated by their employer. The self-employed do not have the legal right to minimum notice periods 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, however that is not an issue in your case.
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.
Many thanks for the advice, I didn't think I had much of a case being self-employed, I don't think it would be worth my while taking this issue to the courts, it would be an expense I can ill-afford, nonetheless I will cease my insurance policies with them & take my business elsewhere....that's one way I can hit them!!
Thank you once again ( I hope you received my last message as the wrong button was pressed!)
I did, thank you. It's such a shame that self employed workers do not have the same rights as employees but it does not stop you from at least trying to challenge them and ask for some sort of compensation for the notice period, even if you do not intend taking them to court, even the threat of doing so could prompt them to consider it.
Hi, I have to return the office keys & the invoice for May so I will enclose a letter also re.the compensation & disappointment of the treatment I have received despite being a longstanding loyal worker. It wont cost me anything but at the same time I can easily replace the job so I wont lose any sleep over it-the have lost an insurance customer anyway!! Many Thanks for all your help & advice,