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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6679
Experience:  15 years experience of advising on employment law matters
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I had a employment contract with someone for one year. The

Customer Question

I had a employment contract with someone for one year. The termination is for one month. The person worked for 7 days and asked for earlier payment. So I asked him to write he work as consultant and offer service for 7days. Then I paid. If I want to finish contract earlier, can I assume the contract is no longer valid as he had consultant role payment ? Or do I still need to give one month notice as state in contract ?
Submitted: 6 months ago.
Category: Employment Law
Expert:  taratill replied 6 months ago.

Hello my name is***** am a solicitor and I am happy to help you today. Has he only worked for you for 7 days in total?

Customer: replied 6 months ago.
He start work on 21st May, had 1day off work due to emergency. At 30th may he ask for earlier payment. Then we asked him to write to us. After that he worked so far Till 4th June.
Customer: replied 6 months ago.
total is 9days, exclude 1day bank holiday, 1 day absent.
Expert:  taratill replied 6 months ago.

What did he write in his letter to you? Does it explicitly state that he does not want to be employed by you but wants to be a consultant?

Customer: replied 6 months ago.
we asked him to write invoice to company to state payment Of him working so confirm he is working as consultant for us on 2nd June.
Customer: replied 6 months ago.
We had this in letter
Customer: replied 6 months ago.
we both agreed unless he confirm he is consultant otherwise we can’t process early payment.
Expert:  taratill replied 6 months ago.

This is a slightly difficult situation I would suggest you can argue that his decision to be self employed supercedes the original employment contract and that therefore the notice does not apply and you no longer require his services.

It is possible that he might argue the alternative and try to claim the notice period. If you have in writing from him , as well as a verbal agreement that he is self employed then you have an argument that the original terms do not apply.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer: replied 6 months ago.
Thanks
Expert:  taratill replied 6 months ago.

No problem, I would be grateful if you would take the time to rate my answer before leaving the site as I am not otherwise credited for my time. Thank you and all the best.