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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 10266
Experience:  30 years experience as a solicitor.
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We are business and we employed someone who is self employed

Resolved Question:

We are business and we employed someone who is self employed who voluntary walked off a job. They are now saying they want 5 days compensation . What rights do they have ?sabrina
Submitted: 2 years ago.
Category: Employment Law
Expert:  JGM replied 2 years ago.
If the person was engaged by you on a self employed basis then no issues of employment law arise as the person was not employed; the person was an independent contractor.
Because of that the law of contract applies and in particular the contract you had with the person and who was to do what in return for what.
If the person walked off the job, essentially repudiating the contract, they would need a good reason for doing so and that reason would have to be sufficient to hold you in breach of contract. On the other hand if there was no justification for the person walking off the job then he or she would be in breach of contract and would have no claim.
So whether or not compensation is justified is a question of fact having regard to the contract, whether the contract is verbal or written.
Happy to discuss further.
I hope this helps. Please leave a positive feedback so that I am credited for my time.
Customer: replied 2 years ago.
They are stating because dean spoke to him rudely is why he walked off the job and he was not happy with the way the job was organised .
Expert:  JGM replied 2 years ago.
It sounds like he took the huff rather than there being any breach of contract on your part.
You might want to reply to him holding him in breach of contract and giving him the opportunity of finishing what he was contracted to do failing which you will have to determine the contract, get someone else to do it and hold him responsible for any losses incurred by you.
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 10266
Experience: 30 years experience as a solicitor.
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