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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61305
Experience:  Qualified Solicitor
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I’m self employed with a one month termination notice in the

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I’m self employed with a one month termination notice in the agreement. I can’t go to work because of childcare issues. Can I give immediate notice to leave?
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Self employed
Assistant: 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.

How long have you been doing this work for?

Customer: replied 18 days ago.
7.5 months

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. If there is a written contract in place and it contains a specific notice period clause a worker must give if they wanted to resign, they will be contractually bound by it. Therefore, if the worker fails to honour this notice period they will be acting in breach of contract. Whilst no one can physically force them to work through their notice period, it would instead allow the employer to sue them for compensation for losses/damages resulting from their breach.

 

In reality such claims are very rarely made. This is mainly due to the costs and time involved, also the relatively small damages that can be recovered. The employer has to show that actual losses have been incurred and often that is not easy to do. The most common damages they would claim for are if they have to engage temporary cover for the worker’s duties and the extra wages they have to pay them or recruitment fees for recruiting a replacement at short notice.

 

So whilst there is no way of predicting whether the employer will take this any further, chances are that they will not. A more likely outcome is that the employer refuses to provide a reference in the future or if they do, it could mention that the worker had breached their contract.

 

It is therefore best to try and negotiate a mutually acceptable notice period that would suit both parties. However, if that is not possible and there is a pressing need to leave early, that is still a possibility, subject to the risks identified above.

 

Does this answer your query?

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Ben Jones and 5 other Law Specialists are ready to help you
Customer: replied 16 days ago.
Hi. Sorry just saw these messages. Yes your answer was very helpful. Thankyou

All the best