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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61648
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

If a contractor has been engaged on a regular weekly basis

This answer was rated:

Hello there, if a contractor has been engaged on a regular weekly basis for 11 months are they entitled to their agreed notice period?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: The owner of the company and the consultant comissioned to finalise the agreement. Kind regards Grainne
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't know yet, sorry.

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

What is the contractor's notice period?

Please also explain why you are querying this so that I can best advise

Customer: replied 2 months ago.
It was 1 month. I was engaged as part-time MD for a waterproofing firm and worked there 2-3 days a week for 11 months, on a reduced rate of 60% from £1,200 to £500 per day with the verbal understanding that when the business was sold I would receive a percentage and also a monthly bonus for increasing the revenue. The agreement was given to a consultant to be the go between, between myself and the owner. Everything was agreed in writting within version 3 of the agreement, accept the 2 points mentioned above.Due to so many issues within the business everytime I brought up about getting a signed agreement it was never a priority, therefore after 11 months it still wasn't signed; however I do have the correspondence showing the agreements to date. On Sunday 5th June I received an email saying that the company could no longer afford me and did not need my services with immediate effect. No notice given. I have only just been paid my final invoice 4 months late. I would like to present them with an invoice for a month's notice. Kind regards Grainne

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. What you are entitled to on termination will depend n your contract and what was contractually agreed between the parties. The good news is that it is not just the written contract that would determine this and there could be additional terms which were not included in it, but which also have contractually binding effect. Therefore, if there were negotiations between you and the employer about certain terms, which were agreed by both sides and there was an understanding that you would both honour them, you can still pursue the other side for them, even if they were not included in the latest contract. Any evidence you have to show what was negotiated and agreed will be helpful and that can still be used as illegal evidence to pursue your rights.

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 simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 2 months ago.
Thank you very much Ben, it was as I thought. They have been real bully boys, after a year of immense hard work and commitment. Why can employers not just treat people with respect?Thank you again
Kind regards
Grainne

Many do, but you do get some that don’t – it is a matter of luck, unfortunately and you have just been unlucky in these circumstances but it does not mean that all will treat you in this way

Ben Jones and other Employment Law Specialists are ready to help you