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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47870
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work company on a self employed basis and fulfilled

Resolved Question:

I work for a company on a self employed basis and fulfilled their 'Job Offer' time frame (Feb-Sept 2016), without any Contract, Terms or Conditions. I have since continued with the same hours, duties and pay. No complaints about my work.
A new Organisation Lead for the company I work for is now asking me to accept a new Job Offer (PAYE) without offering any Job Description or Terms/Conditions. If I decline, they want my Notice Period. As a 'Non Contractual Supplier' I understand that I do not need to provide notice, nor do they need to provide me with any notice. However, they are insisting on a Notice Period if I do decline.
I declined two days ago on the basis that there was no Job Description or Terms & Conditions. I provided 2 days notice if required. I found out today when I asked again for the Job Description/Terms & Conditions that 'we have now approached another candidate who has accepted'. So they want to know if my Notice Period could be a month. I said I could, to help out even though I have other work available.
They replied stating 'thank you for confirming that I am happy to work 1 months notice period with ourselves'. This is a play on words as I was not 'happy' but said I was 'able'.
I might be reading too much into this, but is there some legal reason why they are making it out that I am giving them 'notice', when in actual fact, it is quite the opposite by virtue of me declining a Job Offer due to no Job Description or Terms/Conditions. Afterall, I thought there was not Notice Periods to give by either party? I perceive that somehow they are covering themselves legally? Please correct me if this is not the case.
Many Thanks
Amanda
Advanced Nurse Practitioner
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello how long are you actually prepared to work as a notice period? Please note I am in tribunal so may not be able to reply until later this afternoon thanks
Customer: replied 1 year ago.
I don't understand why 'Notice Period' is used in the first place as a Non Contractual Supplier.
The Company I work for is introducing this concept. I offered two days (which would give them ample time to cover my part-time hours) but they wanted a month, so to help out I said I would before they told me the Job Offer had been accepted by someone else. So, now I'm not really wishing to give them any notice whatsoever.
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. I think you are reading into this a bit too much. They are not really trying to cover themselves legally for anything specific, because if they really wanted to they could agree to let you go with no notice period. However, I must point out that it is incorrect to assume that if no written contract existed there would be no obligation to give any notice. An implied contract would exist and with it there wold likely be an implied requirement to give what is known as ‘reasonable notice’. 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. Ideally, this period would be agreed between the two parties but if one party specifically requires a notice to be given, the other should not leave without giving any notice. The issue then is how much to give and you should try and give whatever one may expect to give in your position, be it a week, two weeks or a month. You could try and just give a week as that is better than nothing, unless your employer agrees to let you go with no notice at all. Also do not worry too much about them saying that you had agreed to give a month’s notice – you did not, you indicated that this is possible if needed but it was not formal confirmation of that. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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