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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I have been working company years as a self employed

Resolved Question:

I have been working for a company for 8 years as a self employed supplier. They are my only client. I have recently come out of a personal relationship with an employee of this company (the person who passed work to me) and have received an email from him saying that a continued business relationship would impact on his personal life and we can no longer have a business relationship and I will not be getting any more work. Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Can you explain a bit more about the nature of the services you have been providing to them?
Customer: replied 1 year ago.

I am a furniture supplier to a large pub franchise in London. I supply items for refurbishments that they are doing. For example tables, chairs, mirrors, overmantles, chesterfields, light fittings etc and source lots of items for them. My income is in the region of between £26,000 to £32,000 per year.

Expert:  taratill replied 1 year ago.
Have you been physically located at their premises? Do you have any written contract with them, if so what does it say about termination?
Customer: replied 1 year ago.

I have never been located at their offices. I supply items that are delivered either on site or to their store. I am registered as a supplier. Self employed with no contract at all.

Expert:  taratill replied 1 year ago.
How are you paid for the work is it by the 'employer' or is it in another way?
You have said that you do not work anywhere else is this through choice or is it a requirement of theirs?
Customer: replied 1 year ago.

I am paid via the company. I don't work anywhere else as this work was enough to keep me busy and is not a requirement of theirs.

Expert:  taratill replied 1 year ago.
Ok I assume they will need to get someone else in to provide the service going forward?
It is a difficult situation because unless there is a written contract if you are self employed then the notice period is unclear. You should however be given reasonable notice (probably 4 weeks) and be paid for it.
You may be able to run an argument that whilst you are not an employee with a contract of employment you should be treated as one. If this is the case you would have further rights and may be able to claim unfair dismissal.
Given your length of service you may be able to succesfully argue this particularly if you could not substitute yourself with another contractor to provide the service for the duration of the engagement. The Gov.UK website contains quite a useful tool that you can use to see if you think this applies to you.
If you do think it does you should appeal against your dismissal and contact ACAS to commence early claim conciliation.
If you do not think this applies you should write and ask for them to pay notice.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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