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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 60451
Experience:  Qualified Employment Solicitor
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Ben, we are a building company with 5 employees and a large

Customer Question

Hi Ben, we are a building company with 5 employees and a large number of self employed subcontractors. What are the rules for dismissal of sub contractors as they aren't officially employed? Can we give instant dismissal? or do we have to give them notice?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Not yet no, we just have one particular subcontractor who never completes the jobs he is asked to do and spends a lot of his working hours wandering around and wasting time instead of working. he's been warned about his actions but he hasn't changed his ways so we just wanted to know where we stand in regards ***** *****?
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm employed full time by the company and he is a sub contractor. No we dont have a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 6 days ago.
Category: Employment Law
Expert:  Ben Jones replied 6 days ago.

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

Customer: replied 6 days ago.
Hi Ben, many thanks.
Expert:  Ben Jones replied 6 days ago.

Have they been issued with contracts and if so, please upload a sample copy on here - if not, are they required to give you any notice to terminate their services?

Customer: replied 6 days ago.
Our subcontractors do not have a written contract. We request 1 weeks notice from them if they wish to leave so we can ensure we have someone to cover their work but unfortunately not many of our previous subcontractors have honoured that.
Expert:  Ben Jones replied 6 days ago.

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.

Expert:  Ben Jones replied 6 days ago.

Mt Under law, only employees are entitled to receive a specified minimum notice period in the event that their employment is terminated. The self-employed/contractors do not have the legal right to minimum notice periods on termination.

Whether a contractor is entitled to a notice period will depend on their written contract. If there is a termination clause which specifies a notice period on termination, the employer would be expected to give that notice if they wish to end the employment relationship.

It may actually be the case that no written contract exists, or there is no termination notice clause in it. In such circumstances, the contractor can still expect a 'reasonable' notice period to have their working arrangement terminated. This is because even in the absence of a written contract they will be working under an implied common law contract and to terminate such a contract a reasonable notice period is required.

What is a reasonable notice period will vary greatly and will depend on the individual circumstances, industry practices, length of employment, frequency of payment, etc. A useful starting point would be to look at the usual invoicing and payment cycle, which may provide the length of the notice period that could be reasonable (e.g. invoicing for work on a monthly basis can potentially require a month’s notice to terminate).

In reality, there are far too many variables to consider, which means it is usually impossible to give a precise indication as to what would be a reasonable notice period in each case. It is therefore down to the courts to make that decision. The contractor can nevertheless raise this issue with you and attempt to negotiate a reasonable notice period with them, a period that they will both be happy to accept.

Does this answer your query?

Expert:  Ben Jones replied 4 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 3 days ago.

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