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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49859
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work as a self employed van driver it has been brought

Customer Question

I work as a self employed van driver

it has been brought to my attention that the coampany a major UK company have put a advert my job on line, now i have not been told that my services are no longer required in fact i have got my requirements for the next 2 weeks already

Where do i stand and what should i do
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. So you have a contractual notice period for termination?
JACUSTOMER-3t6uctgl- :

Hi Ben

JACUSTOMER-3t6uctgl- :

no contract states that they can cease to offer you work at any time without giving a reason

JACUSTOMER-3t6uctgl- :

Does the same apply to me, can i just stop working for them without any reason, there is nothing in the contract with regards to that

JACUSTOMER-3t6uctgl- :

We are always 6 weeks behind in getting paid, due to get paid on the 15th and i have already done 3 weeks work for them to date

JACUSTOMER-3t6uctgl- :

i have a meeting this morning at 9.30 with the manager of the store i work work, now they have 700 stores so are a massive company but in recent months have been making it very difficult to work for them

JACUSTOMER-3t6uctgl- :

i have to leave at 9.10

JACUSTOMER-3t6uctgl- :

my email address is [email protected] which will come to my phone if i do not get answers from you before i leave

Ben Jones : As someone who is self employed your rights will not be as extensive as an employee's and you will not be protected against unfair dismissal. It means there is no guarantee of work and no protection against unfair dismissal. You will basically be subject to the terms in your contract and the notice periods in it. So if the employer can cease to offer you work at any time under the contract, they can do so, but of course you should be paid for all work already undertaken. If there is no notice period mentioned about you leaving then you could leave with immediate effect as well, but be careful if you have already confirmed work with them because you may be expected to still do that work or find a replacement
JACUSTOMER-3t6uctgl- :

There is work, they have advertized the job i am doing are they allowed to do this while i am still doing the job

Ben Jones : Yes as self employed you are not guaranteed the job, they can replace you at any time as long as they follow the terms in your contract, usually it would be by giving you a certain notice period.
JACUSTOMER-3t6uctgl- :

So in my case because it says cease at any time without reason i have no redress even though i am working there 8 years

Ben Jones : I would still advise you push for some notice period, a clause allowing for no notice period at all could be unfair so a reasonable notice period is something you can expect, but it simply means delaying the termination until the notice has expired
Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?