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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I own a hire company in Edinburgh and I have a a self employed

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Hi I own a hire company in Edinburgh and I have a a self employed gentleman responsible for taking care of the vehicles and hadning them over to customers. He works between April - October and he is payed a pre agreed sum on invoice for the season. I am disaatisfied with his work and I wish to terminate his services prior to the season start 1st April. We do not have any contracts drawn up and the agreement is verbal and on the price outlined on email. I plan to give him notice on 27th February. Is that satisfactory?
Thanks
Ricky Gibbs
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. So I presume that there was an agreement for him to return to work for you this coming April?
Customer: replied 1 year ago.
Yes we have a verbal agreement for him to return to work in April. He is however not an employee he is self employed
Expert:  Ben Jones replied 1 year ago.
Under law, only employees are entitled to receive a minimum notice period in the event that their employment is terminated by their employer. The self-employed do not have the legal right to minimum notice periods on termination. Whether a self employed worker is entitled to a notice period will depend on their contract. If there is a termination clause that specifies a notice period on termination, the employer would be expected to give that notice if they wish to end the employment relationship. However, it is often the case that no written contract exists, or there is no notice clause in it. In such situations, the worker can still expect a 'reasonable' notice period to have their employment 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. In your case you are giving the person just over a month’s notice. Considering that this is a contract for 6 months only you could certainly argue that a month’s notice before it was due to start is sufficient and should allow him to find alternative employment if he wanted to. It would not stop him from challenging it but you would have a reasonable argument that the notice you gave is sufficient. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) 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 BenThank you for your response. I think that your answer makes sense. On reflection I didnt mention that I am going to offer him another self employed roll as maintenance man part time. Does this have any implication or effect. Also if he was able to claim against me any idea how much he would be entitled to?ThanksRicky
Expert:  Ben Jones replied 1 year ago.
It can assist you because you will be offering him an option to remain in employment rather than be left with no work, so if he is going to claim against you for insufficient notice, you can counter-argue that he did have an option to mitigate his losses by taking up this other job. If he was to claim then he would generally only be able to claim for the losses incurred from your alleged breach and in this case it would most likely be pay for part of the notice period that a court may deem you should have given him, so maybe a few weeks' pay at most. Hope this clarifies?
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Customer: replied 1 year ago.
BrilliantThanks
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best