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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 54549
Experience:  Qualified Employment Solicitor
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Im a contractor, im reviewing my latest employment contract

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Im a contractor, im reviewing my latest employment contract
the terms around notice period state:
Notice to Terminate: by Company: N/A (Notice may not be given by the Company)
by us: 4 Weeks

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What is your query in relation to this please?

Customer: replied 6 months ago.
in terms of who is the "Companyy" I have this in the contract: "You are Wilkian Associates Limited (a) which has its registered office at 19A Kingston Hill, Kingston upon Thames, Surrey, KT27PW (“Company”) an independent supplier, and (b) Andrew Wilkinson of 19A Kingston Hill, Kingston upon Thames, Surrey, KT27PW an individual (“Representative”) who represents and carries on the Company business and provides services on behalf of the Company, and “you” and “your” refers to you the Representative and the Company unless otherwise expressed"
Customer: replied 6 months ago.
That is my company name and myself. Questions are: 1. given the wording - I am bound by the contract and cannot exit without breaking the contract terms? 2. What options are available to exit the contract. 3. Is it legal to have terms where the employer can impose a notice period and the "worker" not. Is this not unfair in law?

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Many thanks for your patience. To answer your questions:

1. it would indeed appear that you cannot give notice to exit the agreement and will be expected to work until the end of its fixed term (if there is such a term). If there is no specified end date, they cannot realistically keep you employed indefinitely and in these circumstances you would be able to give ‘reasonable notice’ to end the agreement. What that is will depend on the circumstances, but it would usually be a month or more.

Even if you are at risk of breaching the contract, you cannot be stopped from leaving, it just means they can potentially pursue you for any losses incurred as a result. They cannot just penalise you though, they must be able to prove that losses have been incurred before they can go after you. Also there is no guarantee they will ever go to court over this and that is the only way they can force you to pay anything.

2. Yo8 can either take the risk I mentioned above or try to negotiate a mutually agreeable exit with the company. After all, if they know that you are not happy to stay, they may not want someone working for them who is not fully committed.

3. That is indeed possible, you are after all two businesses on equal footing and can negotiate the terms you want to be bound by. No one would have forced you to enter into this contract if you were not happy with the terms and as long as these terms were given to you in advance and you accepted the contract based on them, they can apply, even if they place the other side in a better position.

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Customer: replied 6 months ago.
Hi Ben, thanks for your response. I do have a contract end date of 04-Dec-2018. I suppose I will give them one months notice and try leave on positive terms. In reality they will just replace me at the client.

It is always best to give at least some notice to allow them to find you a replacement. This way, assuming the costs they pay them are similar to yours, they cannot realistically have a claim against you because they would not really have suffered any losses.

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