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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51214
Experience:  Qualified Solicitor
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I am on a one year freelance contract to deliver a course,

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I am on a one year freelance contract to deliver a course, I'm paid a daily rate for a number of days currently 50 days between Sept. 2017 and August 2018. I have been working like this for the same company for 7 years. There are no terms and conditions in the contract. I wan to terminate the contact early how much notice am I obliged to give and what would be a goodwill period?
Many thanks

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

Customer: replied 5 months ago.
HI Ben

Hi there. Why do you wish to terminate the contract?

Customer: replied 5 months ago.
I want take up another job.
Customer: replied 5 months ago.
My understanding is that I negotiate terms but I need to know my obligations.
Customer: replied 5 months ago.
Are you still there?

Hi there. Apologies for the slight delay and thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. As a freelancer you are not subject to the statutory requirements on notice periods which apply to employees. In these circumstances, an employee would have been obliged to give only a week’s notice of termination. However, as a contractor, there is no defined period.

In your circumstances, the contractor will be required to give 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 the employer and attempt to negotiate a reasonable notice period with them, a period that they will both be happy to accept.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Customer: replied 5 months ago.
Many thanks for your help.Angela

you are welcome, all the best