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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45374
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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WE ARE PROVIDING CONSULTING SERVICES TO NHS PAST 4

Resolved Question:

WE ARE PROVIDING CONSULTING SERVICES TO NHS FOR THE PAST 4 YEARS. THE ORIGINAL CONTARCT WAS MISPLACED AND NHS HAD ALSO LOST IT.
NHS HAS SENT US AN EMAIL TO TERMINATE THE CONTRACT WITH 2 WEEKS NOTICE. MY QUESTION IS
WILL THERE BE A MINIMUM NOTICE PERIOD IN THIS SITUATION BASED ON THE FACT THAT WE ARE PROVIDING SERVICE FOR THE LAST FOUR YEARS?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
No - this would be governed by any contract. The notice period will be governed by the contract. if you can not find it and they can't then sadly you can't bind them to anything. It will only be in the contract.
If it was more than 2 weeks then it will be in the contract, but unless you can find that you are stuck.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Expert:  Ben Jones replied 1 year ago.
Hello, it is not actually as simple as saying that the only termination term would be contained in the contract. That may have been the case and the contract you had with the employer may have indeed contained a specific notice period, however if this document cannot be found then neither of you can realistically rely on it and argue that it should apply because there is no evidence of it. In that case, an implied termination clause would exist and how long the notice period under it is would depend on a number of factors. For example, it may look at the invoicing and payment cycle. Let's say you were invoicing and being paid monthly then it may be reasonable to argue that a month's notice would be implied in the absence of a specific contractual term. Another factor that may be considered is how important your position was to the client? If this was a specialist role which may not be easily replaceable then a longer notice period could be implied. The main issue with all of this is that only a court can determine what a reasonable notice period in the circumstances is so you would have to go to court and argue your case and hope that they agree that you should have been given something longer than the 2 weeks you received. There is obviously a risk in doing so because you have no guarantee that the court would grant a longer period and you could end up with the same 2 weeks you have now but with additional expenses for taking the case to court. As such, it may be best to try and negotiate directly with the client to try and get a longer notice period, raising the arguments above and even threatening court in the hope that they change their mind without the need for legal action. Does this clarify things for you?
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45374
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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