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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73890
Experience:  Qualified Solicitor
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I am in an unpleasant situation, I work as a self-employed

Customer Question

Good evening! I am in an unpleasant situation, I work as a self-employed in a barbershop, in the contract I had to give them leave notice 2 months before I left, which I did not do, they want to sue me to you pay them the amount of 3 thousand pounds rent on the chair during this period, I mention that that contract was not signed by me but only pdf sent by email
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: No
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: I don't know
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 16 days ago.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 16 days ago.
I would like to know if what they asked me to do is legal, namely: to give them leave notice 2 months before I give up ?! I mention that I am self-employed and the contract was not signed by me
Expert:  Ben Jones replied 16 days ago.

Thanks. Who signed the contract?

Customer: replied 16 days ago.
the contract was signed only by them and not by me, it was sent to me by email
Customer: replied 16 days ago.
This is how it looks
Customer: replied 16 days ago.
in fact, it was not signed by them either
Expert:  Ben Jones replied 16 days ago.

Ok but you knew about the contract, as you received it you did not challenge it and you sated to work under its terms even if not signed?

Customer: replied 16 days ago.
Customer: replied 16 days ago.
There is a paragraph that says about the 8 weeks notice,
Expert:  Ben Jones replied 16 days ago.

ok thanks. There is a legal principle known as ‘implied acceptance’, which is where a contract can be accepted and made legally binding even without a signature. Instead it is the actions of the parties that act as the acceptance. In your case, this is likely to have happened because you were issued with the contract, you knew of its existence, there was no indication you did not agree with it and you had started to worm under its terms, which means you had accepted them. Therefore, that lack of signature will unlikely give you any grounds to challenge them.

You would have to look at other grounds, such as whether they have actually incurred losses to the amount they try and claim from you. For example, if they have managed t find a replacement barber for the chair they would have avoided, or reduced their losses, and you should not be made liable for the rent they missed out on for the 8 weeks. They can only try and pursue you for actual and genuine losses, they cannot make a profit out of you, if they have managed to reduce these losses, such as by finding a replacement.

Expert:  Ben Jones replied 16 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 16 days ago.
they didn't bring another barber but my colleague replaced me and did my shifts so they didn't have any real losses
Expert:  Ben Jones replied 16 days ago.

But did they not miss out on chair rent?

Customer: replied 16 days ago.
I'm pretty sure that rent for the chair was somehow paid by my colleague, obviously they wouldn't have agreed that all the profit would be earned by her alone
Expert:  Ben Jones replied 16 days ago.

ok I cannot assume what happened but for example, if she paid rent and you left, but she did not cover your rent, then they have lost out on that rent. Only if she actually covered your rent will they have reduced their losses and cannot charge you for them

Customer: replied 16 days ago.
I have no way of knowing for sure or how much they charged her, and I can't prove it, the only thing I want to be sure of is if they have this right with this thing with leave notice 2 months before to leave, given that I am self-employed
Expert:  Ben Jones replied 16 days ago.

you may not know at this time but if they want you to pay, you refuse as a result of not knowing and they then make a claim, they will have to provide evidence to back it up

Customer: replied 16 days ago.
Ok,thank you for your time and help
Expert:  Ben Jones replied 15 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best