Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Can you please explain your situation in some more detail?
As you are self employed you are not protected against unfair dismissal.This means that the employer can dismiss you as and when they wish, as long as they follow your contract terms. So if there was a termination clause requiring them to give you a specified notice period on termination, all they would have to do is give you that notice period and your employment with them can be terminated. They are not legally required to provide a reason for the dismissal or follow a fair procedure. So if you were not given the week's notice period as per contract, you can pursue them for breach of contract and try to get payment for that week, which they should have given you. Whilst you cannot challenge the dismissal itself you can chase them for the week's pay you would have been due.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take in order to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
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