How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49809
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Type Your Employment Law Question Here...
Ben Jones is online now

I am an IT contractor. I received a written contract to start

Customer Question

I am an IT contractor. I received a written contract to start work on the 10th with an 'effective date' on the signed contract on 9th July.
The contract states 14 days notice from employer for termination. There is nothing regarding instant dismissal.
I was ill on the 10th so called in sick, again on the 11th. I received a phone call retracting my contract on the 11th.
Is my employer is breach of contract? Should I have been given 14 days notice?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. Have you approached the employer in relation to the notice period?
JACUSTOMER-6qie2b4o- :

Hello Ben. No, the notice period as stated on the contract is 4 weeks from myself and 2 weeks from my employer to myself.

Ben Jones :

Hi, sorry I was offline by the time you had replied. The contract would have started to run from the 9th and you would have actually started working for them on the 10th. Therefore, the contract wold have already been in effect by the time you called in sick. Whilst there may not have been anything in the contract regarding instant dismissal, that is still possible if you had acted in serious breach of contract yourself first and that then made the whole contract void, allowing the employer to terminate it with immediate effect. However, that is not the case here because all you did was call in sick and this is not really a fundamental breach of contract. As such, if the employer wanted to terminate your contract they would have still had to adhere to the notice period required for termination, which in your case is 14 days.

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. 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 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.

Hope this clarifies your position? If you could please let me know that would be great, thank you