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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61658
Experience:  Qualified Employment Solicitor
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On September 9th 2019, I signed off a contract with an

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Hello,
JA: Hi. How can I help?
Customer: On September 9th 2019, I signed off a contract with an agency called NTech Contracts to work for one their customer "TSS Solutions Ltd".On the first page of the contract the Written notice period is written as "Remaining contract duration or 1 month, whichever is greater".I received a notice from TSS that the contract will not be renewed and will end on Friday 6th Decembre 2019. Is my notice period 1 month or does my contract ends on Dec 9th 2019?Regards
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: HR
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: all
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. I may also need to ask some questions to determine the legal position.

What was the initial contract duration?

Customer: replied 4 days ago.
From Sept 9th to Dec 9th 2019.

When were you issued with notice?

Customer: replied 4 days ago.
Verbally Thursday 28th and written notice on Friday 29th November
Customer: replied 4 days ago.
Written Notice Period is "Remaining contract duration or 1 month, whichever is greater"
Customer: replied 4 days ago.
NOTICES
11.1 Any notice under this Contract shall be in writing and be signed by or on behalf of the party giving such notice.
11.2 Any such notice may be served by leaving it at or sending it by facsimile transmission, electronic mail, prepaid recorded delivery or registered post to the address and for the attention of the relevant party at the last know address of that party.
11.3 Any such notice will be deemed to have been served in the case of a facsimile transmission or electronic mail, 12 hours after the time of dispatch or in the case of recorded or registered post, 48 hours from the time of posting it from and to the address elsewhere.

Thanks and under the contract do you have guaranteed hours of work or guaranteed pay?

 

Customer: replied 4 days ago.
I was paid regularly to work for 37.5 hours a week
Customer: replied 4 days ago.
What do you mean by guaranteed hours of work?

As in were you contracted to work a specific number of hours a week and the employer had no choice over that (i.e. you were not a contractor on an ‘as needed’ basis?)

Customer: replied 4 days ago.
I work as a contractor through my own limited company with agencies, which will assign me to customers.
Customer: replied 4 days ago.
The customer defines the hours of work.

So potentially you could not be given any hours in any given week and that is allowable under contract?

Customer: replied 4 days ago.
I don't understand the last sentence.

Ok so when you work under his contract, could your hours potentially be reduced or varied, is that allowed under contact, or are they fixed and cannot be changed for the duration of the contract?

Customer: replied 4 days ago.
They are fixed hours. They can't be changed.
Customer: replied 4 days ago.
I work on a daily rate basis, not hourly rates. And a day means 37.5 hours

I presume you mean a week is 37.5h?

Customer: replied 4 days ago.
Yes sorry. Yes a week is 37.5 hours

Great and finally are you ok to post the full noticer clause so I can see the full wording

Customer: replied 4 days ago.
Yes I can.
Customer: replied 4 days ago.
Here are the files

Thank you. According to the contract the notice period would either be the remainder of the contractual term, or a month, whichever is greater. If the contract was to last until 9 Dec and you were issued with notice on 29 Nov, you can expect a month’s notice as that is the greater of the two lengths of notice period you are entitled to. It’s a bit of a strange clause to be honest but here are no conditions attached to it that say you can only get paid up to the end of the contract and strictly interpreted the clause would entitle you to a month’s notice as that is greater than the remainder of the contract.

 

Does this answer your query?

Customer: replied 4 days ago.
Yes. That's what I thought. How do I proceed then? Would you be able to take the case forward and write to the company?

Sadly not as we are just an online Q&A service. If you wanted to take it further you can consider the Small Claims Court via www.moneyclaim.gov.uk

 

Does this clarify things a bit more for you?

Customer: replied 4 days ago.
Small claim is limited to £5000. 1 month would be £10000 in my case.

Small claims court is actually £10,000 not sure why you thought it was £5000

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