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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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Good afternoon. I've been working since June 2015 as "self-employed". I

Resolved Question:

Good afternoon.
I've been working since June 2015 as "self-employed".
I am a Studio manager for a contemporary artists.
Our agreement was made by email:
£17 x hours
6-8 hours x day
4-5 days x week
1 year minimum stay
2 months notice period
I've not being paid in full since June: "she doesn't have cash"
I received an offer to be an employee at another company.
question: do I really need to comply with the 2 months period?
Thank you very much for your attention.
all the best,
Fernanda Garcia
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Under the circumstances you describe you are not under an obligation to comply with the notice period.
If you are not being paid, in breach of the agreement, you cannot reasonably be held to the notice period.
You can therefore say you are not prepared to work your notice and leave early.
Good luck in your new position.
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.
Customer: replied 2 years ago.
Hi Jenny,thank you very much for the reply.If she pays what she owns, is it still ok for me to leave?
Customer: replied 2 years ago.
I will have "the talk" tomorrow and already signed with the new employer.
my start day is October 19th.
I am willing to give to my current "employer" (I ma self-employed) 1 month notice
Expert:  taratill replied 2 years ago.
Yes, although the risk is that she might claim in breach of contract for any financial losses she incurs as a result of you leaving without service notice.
In reality it is unlikely that she will do this or that she will suffer a financial loss. If you think she might do then please let me know and I will advise further.
If you have any further questions please 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 and other Employment Law Specialists are ready to help you
Expert:  taratill replied 2 years ago.
Hi is there anything further you would like to know about this as I note you have not yet rated my answer which is an important part of the process?
Customer: replied 2 years ago.
sorry jenny, I didn't notice you were still online.
checking if she paid me. She did but not in full.I will have the talk and follow up with you if she decides to make me stay.thank you for your attention.it was very helpful !