Employment Lawyers Can Answer Your Employment Law Questions
I think I've attached it?!! It disappeared! Can you let me know.
Hi Sorry I could not find the document earlier but have just managed to retrieve it - I will get on it now, will respond shortly
This document appear to be a general contract for the overall relationship you have with this company but does not have any details on the more specific details of the work orders you do for them. So it appears that your work is given to you by being issued with unique work orders, the duration of which would be agreed at the time, and this document only serves to govern the general relationship between the parties – it does not deal with the specific of each work order. So there is nothing in the contract which deals with early cancelation of a work order for reasons other than those specified in clause 16.
As far as the general legal position in these circumstances, 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.
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.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
Thank you Ben. That kind of answers my enquiry.
you are most welcome all the best