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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49820
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a self employed care worker representing an Agency.

Customer Question

Hi, I am a self employed care worker representing an Agency. Recently I have had to report my concerns about a family member of my client under duty of care. The member is not happy about this, has subsequently on the last three occasions she has been in contact with me at my clients residence (the last one in a phone call) upsetting me during work. My Agency have acknowledged they have received my complaints, however will take some time to get back to me with feedback. I have been with my client for over 2 years now with only good feedback and my client does not wish for me to leave. Having said that, I am aware there is a possibility my Agency, for fear of losing a client as opposed to self employed care worker will support the family as opposed to myself. We have already agreed in writing a working schedule for the 2016. Where would I stand and what would my options be should things not work in my favour? For eg: Could I sue for loss of income, could I report the Agency to the CQC for their inappropriate action under duty of care ..and...and...and, thank you Vanessa
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you have a contract which stipulates a notice for termination of your employment?
Customer: replied 2 years ago.
No, as they tell me I provide service on a Self Employed Basis as they cannot guarantee work and I pay my own HMRC taxes, although I do go through a recruiting process every 2 years to remain compliant
Expert:  Ben Jones replied 2 years ago.
As a self employed person you would not have the same rtights as an employee and will not be protected against unfair dismissal. This means that you could potentially be dismissed at any time and for more or less any reason, without the employer having to justify their actions or following a fair procedure. You are nevertheless still protected in a sense that you should be given any notice period you are entitled to. Under law, only employees are entitled to receive a minimum notice period in the event that their employment is terminated by their employer. The self-employed do not have the legal right to minimum notice periods on termination. Whether a self employed worker is entitled to a notice period will depend on their contract. If there is a termination clause that specifies a notice period on termination, the employer would be expected to give that notice if they wish to end the employment relationship. However, it is often the case that no written contract exists, or there is no notice clause in it. In such situations, the worker can still expect a 'reasonable' notice period to have their employment 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. The only exception is if the contract was terminated because of gross misconduct, that is any misconduct serious enough to justify the employment relationship terminating immediately. 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. There are far too many variables to consider, which means it is usually impossible to give a precise indication as to what would be reasonable in each case. It is therefore down to the courts to make that decision. The worker can nevertheless raise this issue with the employer and attempt to negotiate a reasonable notice period with them, a period that they will both be happy to accept. You are unlikely to be able to claim for the remainder of the work you were promised and it will likely just be a proportion of that to cover what is deemed a reasonable notice period, which could be a month, or two of payments. As mentioned you should try and negotiate that with the employer but if you are unable to do that then your only option is to challenge it in court and hope that they believe you should have been entitled to something longer than what the employer actually gave you. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.