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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46803
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I'm a self employed agency chef. I was placed at my current

Resolved Question:

I'm a self employed agency chef. I was placed at my current position of work as head chef for an initial 2 week period by a chef agency. I then was asked to commit and stay till the end of the year on a longer contract to which I agreed.
The hotel I work at is currently being operated by a management company, and it was the management company that hired me through the chef agency. The hotel has been up for sale and is about to be bought over by a new company who are unlikely to retain the management company.
My question is where do I stand should the new company no longer require my services? Can I be compensated for loss of earnings for the remainder of the agreed contract?
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 9 months ago.

Have you been advised of whether the new company wish to keep any of the existing staff at all?

Customer: replied 9 months ago.
Hi Ben,Thanks for your reply. All the current staff are being retained as far as I'm aware.ThanksJamie
Expert:  Ben Jones replied 9 months ago.

Hi Jamie. Thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. First of all you need to check your contract to see if it can be terminated early by the employer or agency giving you notice to that effect. However, 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. The worker can nevertheless raise this issue with the employer and attempt to negotiate a reasonable notice period with them, a period that they will both be happy to accept.

So it is unlikely that you will be able to claim compensation for the full contract period, if you had a specified notice period you can expect pay for that period and if you did not – some compensation to cover a reasonable notice period in the circumstances.

Of course you can also approach the new owners to see if they are willing to retain your services directly.

This is your basic legal position. I have more detailed advice for you in terms of the options you have if you do not receive an appropriate notice period, 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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46803
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 9 months ago.

Thank you. I would hope that you manage to negotiate something with the employer in terms of a notice period (unless you have a specified notice period under contract). In the event that they do not pay you what you are due or you cannot agree on reasonable notice period you could consider a claim against them. The options and procedures can be found here:

https://www.mygov.scot/court-claim-money/

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