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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61193
Experience:  Qualified Employment Solicitor
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As a charity who has a cleaner on a self employed basis, she

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As a charity who has a cleaner on a self employed basis, she is not doing the job can we sack her
JA: Have you discussed the termination with your HR staff? Or with a lawyer?
Customer: no
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: No union she is a self employed cleaner
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Does she have a contractual notice period?

Customer: replied 14 days ago.
She is employed on a month to month basis her contract was up in June and has been on monthly basis since then. The post has to be reviewed on a regular basis we have set up many meeting time which she keeps cancelling
Customer: replied 14 days ago.
Hello.
Customer: replied 14 days ago.
Are you there, will you answer at a later date.

Thank you. 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. The contract may also specify situations when notice may not be due, such as if the contractor has acted in breach of contract or is guilty of gross misconduct.

 

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 but you can avid that by giving her reasonable notice as above.

 

Does this answer your query?

 

Customer: replied 14 days ago.
It does thank you. As she is paid monthly would a moths notice be satisfactory? Also as there is a bit of friction between the parties she has withdrawn labour as such. Can this also be considered breach of contract?

Yes it can, she still needs to be available for you to pay hr the notice. So a month’s notice is indeed reasonable but if she refuses to work it then you do not have to pay her for it

Customer: replied 14 days ago.
Thank you you have been very helpful

All the best

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