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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work at a private school which has recently ( April 2014)

Resolved Question:

I work at a private school which has recently ( April 2014) been taken over by a businessman as the school was in financial difficulty.
I offered to teach cookery to help expand the curriculum. This was agreed in April 2014.
By September 2014 I still had no kitchen, despite the summer holidays giving ample opportunity .
The kitchen was eventually started in September. I was not consulted in any way whatsoever about the educational requirements/ kitchen set up. Out of the blue, the cookers arrived. Two of them! Then the cupboards, then something else. And so it went on......
To keep it brief, the kitchen is still not finished and, if it was, it is not fit . Two cookers and only enough area -8 children is not adequate. It is dangerous and chaotic.
I am very upset that I have never been allowed to consult. No one has ever asked me how I have managed ( I spent Sept - Dec working in an old classroom, preparing cold food on desks and trailing across the yard water to wash up in)
I now have an offer from a local school who know me well and want my services part time.
I will be giving my notice in at the Private school, informing them I will no longer be teaching cookery.
I have not signed a contract there, nor have I even had a talk with the 'owner' about an agreement. I invoice the school and they pay me ( when it suits them- sometimes 3 weeks later). I submit my self assessment to HMRC as all my work is private.
I would like to know if I have to give a certain amount of notice. I would like to leave at the Feb half term ( 13th). But am I within my rights to leave immediately?
I already teach music there on a Peripatetic basis, where I deal directly with the parents, so that will not be affected.
Thanks You
Ruth
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. How long is your continuous service in that workplace?
Customer:

Since September 2013 when I started teaching music.

Customer:

I am wondering when my chat will be resumed. Please could you advise?

Customer:

Thanks

Customer:

Getting a bit concerned here.

Ben Jones :

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

Ben Jones :

Do you have a written contract in place with the school?

Customer:

I don't have a written contract. Sorry Ben, I didn't see your reply at all.

Ben Jones :

No problem, let me just get my response ready please

Customer:

I am here now, ready to continue when you are.

Customer:

Thanks

Ben Jones :

ok you can wait here I won't be long

Customer:

Thanks

Ben Jones :

As you appear to be self employed, then you would not be subject to the statutory notice periods which apply to employees. Therefore, what notice period you just give on termination of your contract would depend on whether there was a written contract in place and if it contained a specific notice period.

However, it is often the case that no written contract exists, or there is no notice clause in it. In such situations, either party can still expect a 'reasonable' notice period to have their contract terminated. This is because even in the absence of a written contract they will be working under an implied common law contract and to terminate such a contract a reasonable notice period is required. The only exception is if the contract was terminated because of gross misconduct, that is any misconduct serious enough to justify the relationship terminating immediately.

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. The worker can nevertheless raise this issue with the employer and attempt to negotiate a reasonable notice period with them, a period that they will both be happy to accept.

If you appear unable to agree on a notice period, then you could still use the apparent breach of contract by the employer to argue that your contract in general is void and that you would be entitled to leave with immediate effect. They have failed to adhere to specific promises they made and have actually made your position untenable, where you have found yourself unable to perform the job expected of you. This could be a serious breach by them which could allow you to leave with immediate effect, although to keep relations amicable it is still best to try and agree on a mutually acceptable notice period first.

Customer:

Thank you Ben. That is very helpful. I need to keep relations as amicable as possible, obviously.

Customer:

I will submit my resignation letter; keep it brief and give them a few weeks' notice. They will be able to get a supply teacher in or a new recruit who is willing. I now feel better about it and your answer is what I hoped to hear.

Ben Jones :

glad to hear it, and sorry about the earlier delay

Customer:

That's okay Ben. I will now do the rating and sign off. I assume I can get a print out of this from my email?

Ben Jones :

You have a few options:
a) If you see a 'share' button and hover over it you can see the option to print.
b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time

Customer:

Many Thanks. Ruth

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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