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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44959
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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As an IT consultant, if I have drawn up and signed a contract

Customer Question

As an IT consultant, if I have drawn up and signed a contract identifying me as an independent contractor that is paid an hourly rate based on the hours that I do, with no specific deliverables in the contract beyond a description of the type of services that I provide... can I simply say that I'm not going to do any more hours? I.e. as long as I'm not charging for work that I haven't done, I should be able to just walk away? I have been advised on the quiet by a senior contact within the organisation I drew up the contract with that I shouldn't let my bills get too high because they are certain that I won't get paid. This makes me rather unwilling to continue to work with them.
I have a copy of the contract available for review - I know that nobody can give a definitive answer based on the blurb above.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you wish to leave with immediate effect?
Customer: replied 1 year ago.

Yes, I do.

Expert:  Ben Jones replied 1 year ago.
Whilst the contract you and the company had entered into may not contain a termination notice period, one could still be implied and be applicable to your relationship. In such situations, either party can still expect a 'reasonable' notice period to have the 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 employment 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. If you can agree some notice period or the immediate termination of the contract then the better. Just be aware tough that if you walk away without considering the issue of a notice period the company could still try and claim breach of contract so either agree a notice period or immediate termination or give them a notice period which is reasonable (1 week to a month I would say) during which time you are still available to work for them if needed. I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you

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