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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49850
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Being told I have to sign a contract after 20 years of self

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Being told I have to sign a contract after 20 years of self employment
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I'm a hairdresser who moved his clientelle and still has them.
The contract aims to restrict the freedom I have had over working hours,holidays and rights over my client list and web rights

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Did you have a contract up until now?

Customer: replied 1 year ago.
No, I have never had a contract or signed for any form of employment terms.
Customer: replied 1 year ago.
Hi there,I'm Richard
My main concern is that I may lose the protection I think I have, with continuance of employment laws.
But I'm a hairdresser and know nothing !!!

No one can force you to sign a contract if you do not agree to it. The employer may offer you a contract for you to consider and sign if you agree to it, but in the end the decision of whether you do so rests entirely with you. If you do not sign the contract then you would either continue working on the existing terms, or the employer could seek to terminate your employment because they would not want to work with someone who has not agreed to their terms. They are able to terminate your employment at any time simply by giving you sufficient notice but if they do so then at least you know you would not be bound by the terms they had tried to get you to work under so you can move on knowing you have no restrictions in clients, etc. In terms of continuation under employment laws these do not apply to you anyway as that only applies to employees, not the self employed. So you do not get rights linked to continuous service, such as redundancy entitlement, unfair dismissal protection, minimum notice period and so on

This is your basic legal position. I have more detailed advice for you in terms of the rights you have on receiving a notice period in the event of termination, 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

Customer: replied 1 year ago.
Wow,I thought I had some rights but obviously not !
Looks like they are going to be able go back on everything we agreed, with no comeback.
I'll get back to you but thanks for the heads up !!
Customer: replied 1 year ago.
Is it true ?
They said HRMC insisted we all had to be under conrtact , its the law, but is it ?

There is no legal requirement on self employed workers to have a written contract in place - it helps the parties as they know what terms they are working under but it is not a requirement. Employees on the other hand must be issued with one within 2 months of starting a job but if you are genuinely self employed that would not apply to you.

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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