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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello there I am self employed and was asked to leave a job

Resolved Question:

Hello there
I am self employed and was asked to leave a job for no apparent reason, I had submitted my invoice for the last day as it was too short notice to work anywhere else and I had started work. My invoice has been paid minus this day, where do I stand legally ? I had intended to go to a small claims court- would I address the issue with the director of the company ?
Many thanks for any help
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did you have a contract and did it stipulate a notice period for termination?

Customer: Hello Ben, no I didn't have a contract, I'm not too fussed about any severance pay etc just the last day I had worked,
Ben Jones :

Good morning, it is quite likely that you would be able to claim for the last day if the employer terminated your contract on very short and unreasonable notice. Even though no contract was in place and there was no specific notice requirement in it, under common law the employer would still be expected to give you a ‘reasonable’ notice period. The length of such period would depend on many factors and is never fixed, it could be a day, a week, a month, etc but it is rare that no notice at all can be given. The only circumstances when this culd happen is if you had acted in breach of contract yourself to start with and they were simply reaffirming the breach and terminating the contract as a result. However, if you did not act in any breach yourself and it was simply their decision to terminate this relationship for no apparent reason, you can expect some reasonable notice and in the circumstances that could have easily covered the last day.


 


Your claim would be against the company itself, not the director but you can of course correspond through him in this matter. If you do have to go to the small claims court then try and send them a final reminder with a deadline to pay before pursuing that option. If they fail to pay the claim can be made at www.moneyclaim.gov.uk.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: Hello, yes that does clarify thanks , also I have asked the third party company how many people they have been invoiced for that day,
Customer: as if they have invoiced for my services I believe I should In turn been paid, i have sent an email to someone in charge but have not received a clear answer yet, is there a way legally I can find out if I suspect foul play/ invoicing for more people than are there ?
Ben Jones :

Assuming this is a private company, that may be unlikely as you cannot force them to disclose such information. It may become apparent from their accounts once they get filed in with Companies House but that may not happen for a while. So in the meantime you may have to rely on your best instincts about this. Otherwise if you do take the matter to court you could ask them to disclose such information as part of the evidence

Customer: Ok thanks for your help
Ben Jones :

you are most welcome

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46760
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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