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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50209
Experience:  Qualified Solicitor
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I am a self employed tutor and the director of the school I

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I am a self employed tutor and the director of the school I tutor at has asked me to accept a rate cut mid-contract. He has advised if i do not accept that he will not open up enrolment to my students for the next term as he can't continue to pay me at my current rate, so i will be "out" of the school (I need to get written terms as to what he defines that as). I do not wish to continue working there - should i get him to explicitly outline the terms if i refuse the offer, then refuse his offer and wait for him to terminate me, or refuse and resign myself? Or does it not matter? The contract allows for 6 weeks notice from either party. The current term finishes on 5th April after which I will not teach, my new term would have recommenced on April 24th so I am not sure if this fulfils 6 weeks notice either way. He has a terrible history of late payment, and I am worried he will not pay me all fees owed so do not want to do anything that would jeopardise me pursuing outstanding fees if it comes to that.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Does the termination clause state that the notice period must be during term time, or is it just 6 calendar weeks?

Customer: Hey Ben, its just 6 (calendar implied i guess) weeks.
Ben Jones :

Whether you resign or allowed to have your contract terminated would not really matter because in both cases you would be entitled to receive the same notice period from the employer. So if you wanted to ensure that this is dealt with as soon as possible and you are allowed to leave as quickly as you can, you may resign immediately and start the 6 week notice period. Even if you handed in your notice today, the notice would run until 29 April at the earliest so you may be expected to return for several days n the new term, unless you both agree that this will not happen. If he was intent on paying you then there is nothing you can do at this stage to minimise that as he may have already made up his mind. If that is the case you can certainly consider taking the matter further to the small claims court where such disputes are commonly heard.

Customer: Thanks Ben. 1 last question - his "you wont continue at the school" is vague - should i refuse the offer and articulate in my refusal what that means from a contract perspective (ie notice etc) or is it better that i get him to do that before i refuse?
Ben Jones :

he may mean it that you will be issued with notice f termination and that would be the end of the matter, but if he is trying to terminate it immediately then that would be a breach of contract on his part

Customer: Ok but is it legally smarter to cover myself by only refusing a proposal that has all conditions of refusal outlined, or again, it doesnt matter?
Ben Jones :

it would be useful to have a formal rejection in writing for example to stop the employer from claiming you had either accepted the changes or that you implied doing so by not responding

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