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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48193
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We are a subcontractor who works for another larger sub contract

Resolved Question:

We are a subcontractor who works for another larger sub contract and in turn works for a large government company.
They (government company) might be transfering the contract to another company.
We are worried about now getting the works we used to get. Do we have any rights as we have worked for the govenment company for around 10 years(in directly).
No contract was ever signed. Also after the first 7 years the contract was signed over to another company (who are the present company working directly with the govenment company) and all of us smaller firms were transfered over and continued working with them.
Could you advise of any obligations the company should honour since it will effect several people in our company should we now recieve the work. We have carried out the works without any quality or health and safety issues providing a 24 hour service.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Was this contractual relationship ever made conditional on anything?
Customer:

Hi Ben,

Customer:

No there is no conditions given to us

Customer:

Hi Ben, Are you looking into this?

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.


Regardless of whether there was anything in writing or not, a contract is highly likely to exist. Therefore, there will be a contractual relationship in place in any event and its terms will be governed by what has been applied consistently to date and also anything else that you may have agreed with the other party.


 


However, just as with any contract for services, they can be terminated if necessary. It is not possible to find a contract which will forcefully keep someone in a contractual relationship with someone else for an indefinite period and any contract can be terminated at some point. The way in which the contract terminates would usually be governed by any written terms within it, such as a termination clause which stipulates the steps one party must take to terminate (e.g. by giving a specific notice period).


 


However, in your case there is no written contract in place and no specific termination terms. Regardless, the contract could still be terminated by one party giving the other ‘reasonable notice’. What is reasonable would depend on many factors and would be an individual thing based on the specific circumstances, taking into account industry practices, the nature of the work, the length of the relationship and so on. Only a court can decide what is a reasonable notice period so if you have been given a notice period and you believe it is insufficient then you could potentially challenge it in court and seek further compensation but remember that the court may agree that what you have received is reasonable.


 


During this notice period the contractual relationship should continue as normal, so if for example you are given a month’s notice, you should be allowed to work and be paid as normal during that period and until the end of the notice period. Hope this clarifies your position?

Customer:

Thank you for the info

Ben Jones :

you are most welcome

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