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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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, This is in regard to a short term IT contract. I have

Resolved Question:

Hello,
This is in regard to a short term IT contract. I have done work for this company before and twice in the past have agreed to a two week contract (Mon-Fri), but on both occasions have been finished early (the second Wednesday), due to the work being completed.
I have been offered the same again but am wary of accepting as previously they haven't paid the remaining days of the contract I didn't work. I have the T&C's of the contract but I don't seem to see anything that covers this matter - may be it's just me!
Could you look at it and tell me if there is anything in there which relates to this please?
Thank you,
Andrew.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you able to upload the document in here please?
Customer:

I think I've attached it?!! It disappeared! Can you let me know.

Customer:

Hello

Ben Jones :

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

Ben Jones :

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

Customer:

Thank you Ben. That kind of answers my enquiry.

Customer:

Thanks again.

Ben Jones :

you are most welcome all the best

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