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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47388
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My name is***** am just wondering where I stand legally

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Hi my name is***** am just wondering where I stand legally over a contract. I am a self employed online maths teacher. Last year, in September, I signed a contract for 26 hours a week over 39 weeks as head of maths for this online company. It wasn't a salary as I pay my own national insurance and tax. In April the company took on another head of maths without informing me on a full time salary, hence we were both sort of head of maths at the same time. I was then offered full time salary from September 2015. I signed my contract but it was never returned to me. I worked 37.5 hours a week in September to find at the end they had not put me on the salary but paid me what I was paid last year as head of maths for 26 hours. The company wasn't doing very well so I went back to being self employed on 26 hours a week. I am just wondering if I have a contract at all as I am now not head of maths and I am not on a salary?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What are you hoping to achieve in the circumstances?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - What are you hoping to achieve in the circumstances? What is your ideal outcome so I can direct my advice better?
Customer: replied 1 year ago.
Hi Ben,
I did try respond by email as I was on my kindle and couldn't see this box - sorry. I just want to know if I am bound by any contract. I may want to leave this company as I feel as though I have been messed about and legally I want to know if I have to give notice.The last contract that was signed by both me and the employer was for me being head of maths (on a self employed basis). I signed the permanent contract but it was never returned to me. Thus September I worked full time thinking I was on the pay roll but I was only paid at my self employed rate (£21250 over twelve months at about £20 an hour, but for 39 weeks and 26 hours per week). The salary I was supposed to go onto was £25000.My working terms are now 26 hours a week for 39 weeks but I have not signed a contract relating to these new terms.Hope all of that makes sense.Basically I want to know if I am bound to this company at all.Donna
Expert:  Ben Jones replied 1 year ago.
Hello Donna, no problem and thanks for coming back to me. Whether you or the company signed anything or not, there is still going to be m implied contract in place. So a legal relationship between you would exist even if there was not a dingle document in existence. What could complicate thigs is that the terms of such an implied contract could be rather uncertain and would depend on what was agreed over time between you and the company, the usual practice in these circumstances, etc. From what I understand, you want to know whether you can leave at any time and if you are bound by any notice when doing so. Initially you would have been bund by the 26 week contract which then was changed to the extended one and now it has gone back to the 26 week one. So the likelihood is that the original terms would still apply but there would have just been a variation to the hours and pay. So a court may decide that the original contract still applies, together with any terms of notice within it. However, you could argue that by not honouring the latest contract with the increased hours/pay, they have acted in breach of contract, which makes the whole contract void. You could then say that anything in the contract is also void, including the notice term, and leave with immediate effect. For this to be effective it must be done without unreasonable delay though, so you cannot go back to working on the reduced hours for a few months and then claim breach of contract – by agreeing to work on these terms you would have accepted the changes to the contract and cannot claim it is void. So if you are going to rely on that, try to do it sooner rather than later. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Hi Ben,
Thanks for your swift response. That all makes sense. Is the rating a number one. If so I would like to give you the top one.Donna x
Expert:  Ben Jones replied 1 year ago.
Thank you - 5 stars is the top one - much appreciated
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Customer: replied 1 year ago.
Hi Ben,
Can I just check that my questions won't be visible to other people?
Expert:  Ben Jones replied 1 year ago.
I will make a request that it is locked for privacy
Customer: replied 1 year ago.
Thank you. Much appreciated x
Expert:  Ben Jones replied 1 year ago.
No problem
Customer: replied 1 year ago.
I want to know if I am bound by a contract now as the existing role of head of maths no longer applies to me. I am hoping to get another job and wondered if I needed to work a notice period or I could just leave.Donna
Expert:  Ben Jones replied 1 year ago.
Hello Donna, as mentioned a contract will exist regardless of what has happened. The law would always imply that a contract is in place. It may not necessarily be the one you have in writing, but a contract will exist. So you would have to work a notice period, unless you use the fact that the latest job did not materialise and argue it is a breach of contract by the employer, allowing you to leave immediately