Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Hi Neil. How long ago was the agreement made?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. first of all you need to look at the agreement you had in place and whether it provides you any rights in terms of a notice period on termination. By the looks of it this was not the case so there would be no direct contractual right to receive any notice period or pay off on termination.
Next your rights will also depend on your employment status – were you an employee or were you elf employed? This will depend on how you were treated by them rather than how you were labelled so you may wish to Google for the ‘employment status indicator’ and try to determine if you were more likely to be an employee or self employed.
If you were an employee then your only rights would be in relation to your statutory notice period. If you have been employed for more than a month by the employer then you would be entitled to a week’s notice. As you started on 1 June, assuming you were terminated before the 1 July, you would not be entitled to any notice and all you an claim for is the accrued holidays for the period of work.
If you were self employed then there is no legal entitlement to a notice period on termination. However, you can try and argue that you should have been given some notice period as that would be implied in the agreement. What that notice period would be will depend on many factors but due to the short duration of employment I would not expect it to be longer than a week or two.
In neither case would you be entitled to anything more than the notice period as additional termination payments would not apply, regardless of whether you were an employee or self employed.
This is your basic legal position. I have more detailed advice for you in terms of the options you have for taking this further if you were not given any notice period due, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Hi Neil, you should be able to get a proportion of what you would have been paid for the full work. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand
4. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
You are welcome, all the best