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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47421
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I had a so called friend that helped me out working with me

Customer Question

I had a so called friend that helped me out working with me in my business. I'm a sole trader and he went self employed to work along side me but the work he supposed to do never materialised. I used to pay him cash in hand so I doubt he declared it. now things have gone pear shape he is threatening me with court for £2000 redundancy pay. He only worked with me for 12 months and I wasn't an employer. Where do I stand. He said CAB said he entitled. Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello is the money he is after just redundancy or also pay for work he had carried out?

Customer: replied 1 year ago.
Redundancy. I paid him week on week and some times daily if he needed it
Customer: replied 1 year ago.
If anything he owes me 3 days money as I subbed him 3 days over the previous month
Expert:  Ben Jones replied 1 year ago.

Hi there, if he is trying to claim redundancy pay then he would not be legally entitled to this. That is because redundancy pay is only due to employees with more than 2 years’ service who are being terminated by reason of redundancy. Whilst this could potentially be a redundancy situation, the fact he is not an employee and does not have 2 years service with you means he is simply not eligible for redundancy pay.

If he was self employed and he had his employment terminated then he would likely be able to expect some kind of notice period for this. Usually this would be the notice period as per the contract you had in place but in the absence of a written contract it would be a ‘reasonable notice period’. This will vary from case to case and will depend on various factors and in the end only a court can decide what such notice should be.

This is your basic legal position. I have more detailed advice for you in terms of the law on implied notice periods, 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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Customer: replied 1 year ago.
The reason he is not comping back is that he comes in 1 day and asked to be subbed for the next day then don't come back for a week and with no contact with myself what's so ever he's done it a few times. Twice last month in fact. Worked 2 days put of 10 and been paid for 4
Customer: replied 1 year ago.
If I was an employer surely that would count on the grounds of a sackable offence
Expert:  Ben Jones replied 1 year ago.

If he had specific hours and days of work then that could amount to a disciplinary offence, not necessarily n automatic dismissal though. However, persistent misconduct like this could eventually result in dismissal.

As far as notice is concerned, 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. You can offer him something like a week’s notice as a final offer and he can either take it or leave it and decide himself on how and whether to take things further.

Customer: replied 1 year ago.
There was no written contract as it was only supposed to be to help me out in the start he supposed to work 9 til 5 monday to Friday but even that was a struggle for him. Surely subbing days that's not worked can class as theft off the company. He wants to come back work but I can't trust him no more. So to have a run down. If he went court with everything I told u about being paid for days not worked. No communication when he didn't turn up for work and being threatened then he won't have a chance of a payout
Expert:  Ben Jones replied 1 year ago.

I don't doubt that his prospects of getting anything are minimal but that does not stop him from trying to make a claim. He has the right to challenge this if he wanted to and to ask a court to make the decision. Whilst a court will look at all the factors you mentioned which will most likely go against him, you may still have to defend your position should he decide to take it that far

Customer: replied 1 year ago.
I don't think he will take it court as he can't afford a solicitor. My main concern was the redundancy that he was sure he was entitled to and I wanted to be sure myself
Expert:  Ben Jones replied 1 year ago.

oh definitely no redundancy is due - legally 2 years employment are required before you even qualify so he would not be able to satisfy even the first basic requirement

Customer: replied 1 year ago.
brilliant. well many thanks for your help
Expert:  Ben Jones replied 1 year ago.

you are welcome, all the best

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