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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a consultancy contract with a company which only says

Customer Question

I have a consultancy contract with a company which only says that the contract will be renewed annually unless notified within 3 months of expiration by either party. There is no other provision in the signed contract termination. The contract runs form October 2014 to October 2015. The company has terminated the contract and have offered 2 weeks pay. The contract also restricts what I am able to do from a work perspective months after termination of contract. Is the 2 weeks reasonable or should I require 6 months which takes me to 3 months prior to end of contract or 3 months which is the period I am restricted. I invoice via my company monthly in arrears
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. What reasons have they given termination?

JACUSTOMER-g6d6vtpo- :

No real reason, just that when I wasn't in a good mood it affected those around me and that some one had complained. I have since learnt from that person that they did not actually make a complaint.

JACUSTOMER-g6d6vtpo- :

no opportunity to address any issue was given nor was nay warning written or otherwise given

Ben Jones :

Looking at the terms of the contract it appears that this is a fixed contract minimum of 1 year duration, with the only option on termination if notice is issued within 3 months of expiration. In your case, the expiration would have been in the year’s anniversary of the contract, which has not yet been reached. So you could expect compensation least the next 6 months as the contract guaranteed that you should have been working period at least. Therefore, unless there was a serious breach of contract on your part, which would have enabled the employer to terminate the contract with immediate effect, you should consider pursuing them time you should have been allowed to remain working there for.

Also consider that if they have breached the contract themselves by terminating it early without having the right to do so, any restrictions in the contract preventing you from working elsewhere after termination, are likely to be void and unenforceable.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-g6d6vtpo- :

Thanks

JACUSTOMER-g6d6vtpo- :

So can you clarify what would be considered a serious breach as I have followed the agreement to the letter. Also how best to take this forward should I just write a letter or should this be via a solicitior

JACUSTOMER-g6d6vtpo- :

Thank you

JACUSTOMER-g6d6vtpo- :

dean

Ben Jones :

There are many examples of what a serious breach would be, such as failure to follow core contractual terms, dishonesty, theft, violence, etc but in your case these do not appear to apply. At this stage there is no need solicitor and you can write to them yourself, only if there is no amicable solution and you wish to take this further should you consider a solicitor, but even then that is not a requirement, if you wanted to save on fees you can make the claim yourself

Ben Jones :

Does this answer queries?

JACUSTOMER-g6d6vtpo- :

yes thank you help you have given

Ben Jones :

you are welcome

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