How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Vineet S Your Own Question
Vineet S
Vineet S,
Category: Law
Satisfied Customers: 2626
Experience:  Freelance Solicitor at Self Employed
60556257
Type Your Law Question Here...
Vineet S is online now

I have a one year work contract with someone.I am the

Customer Question

I have a one year work contract with someone.I am the employer. If I want to get out of the contract now but could pay her the rest salary of the whole year based on the contract, would that cause a legal dispute?
JA: Have you discussed the termination with your HR staff? Or with a lawyer?
Customer: Our contract is personal
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: She regeisted as a self employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Based on the contract she should based in London(but not necessarily in my place). But now she is living in my place I just want to help her to save money. And if I pay her all wage ,can I ask her to move out?
Submitted: 8 days ago.
Category: Law
Expert:  Vineet S replied 8 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Customer: replied 8 days ago.
Hello Vineet
Do you see my questions?
Expert:  Vineet S replied 8 days ago.

Hi there,

If you are willing to pay the self-employed contractor for the full term for which you have agreed to hire him/her then that self-employed contractor would not have any claim against you as he./she is not losing anything here.

Regarding the accommodation, as it is linked to the work and now you are terminating it , so that self employed should vacate your premises.

Expert:  Vineet S replied 8 days ago.

Could you confirm if that person was paying you any rent for this stay?

Customer: replied 8 days ago.
How far in advance should I tell her to terminate the contract?
Expert:  Vineet S replied 8 days ago.

If that person was not paying any rent or you have not signed a tenancy or a lodger agreement with him/her, then this tenancy would be classified as common law tenancy, one that is ancillary to that person employment/work. Once their work is no longer required then they have to vacate their stay as well, as accommodation was provided as perk of their job.

Customer: replied 8 days ago.
I pay the rent. She never paid
Expert:  Vineet S replied 8 days ago.

Have you entered any Lodger agreement with her?

Expert:  Vineet S replied 8 days ago.

She was staying as your guest , you do not need to give any specified required notice to her for leaving.

Customer: replied 8 days ago.
But on the contract I just asked she should based in London ,(not in my place). I just want to help her to save money so invited her to stay with me.
Customer: replied 8 days ago.
No lodger agreement
Customer: replied 8 days ago.
What if she doesn't want to end the contract or refuse to move out?
Expert:  Vineet S replied 8 days ago.

She is your guest , Now the work assignment has ended as well, now you can ask her to leave.

Though you do not need to give a specified notice period to her for leaving.

You can evict her peacefully by changing the locks when she is not around.

You can also call police to escort her out of your property if she refuses to leave and you are apprehensive of a breach of peace by her.

Customer: replied 8 days ago.
Can I unilaterally terminate the contract? (of course I will pay the full wage as promised)
Expert:  Vineet S replied 8 days ago.

Yes, you should explain to her that her services are no longer required but you would be paying her for the full term .

Expert:  Vineet S replied 8 days ago.

She can only claim loss of earning from you for terminating the contract mid-term, however if you are paying her for the full term, then she is not suffering any loss.

Expert:  Vineet S replied 8 days ago.

I hope this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 8 days ago.
What if she doesn't want to end the contract?
Customer: replied 8 days ago.
Can I have the right to end the contract unilaterally?
Expert:  Vineet S replied 8 days ago.

She is getting paid for the full duration as per the agreed contract, she does not have any claim against you.

Yes, you are paying her for the full term of the agreed contract.

Customer: replied 8 days ago.
it means I can end the contract at anytime I want ,right?
Expert:  Vineet S replied 8 days ago.

Yes, after paying her for the full term.

Customer: replied 8 days ago.
if she refuses to move out after I pay the full term ,I can call the police ,right?
Expert:  Vineet S replied 8 days ago.

Exactly.

Customer: replied 8 days ago.
I see ,thank you very much
Expert:  Vineet S replied 8 days ago.

You are welcome. Have a nice day . Best wishes.

Customer: replied 8 days ago.
sorry
Customer: replied 8 days ago.
still have a question
Expert:  Vineet S replied 8 days ago.

Yes please.

Customer: replied 8 days ago.
I checked the contract ,If I end the contract, I need to give her two months 'notice.So even if I pay all her salary in one go, do I still have to wait two months for my contract to end?
Expert:  Vineet S replied 8 days ago.

what is the expiry date of the contract?

Is the 2 months notice for ending the contract within the term or afterwards too?

Customer: replied 8 days ago.
the expiry date of the contract is 1/1/2022
Expert:  Vineet S replied 8 days ago.

So, I am assuming the notice period for terminating is within the term

Customer: replied 8 days ago.
File attached (55GMST3)
Customer: replied 8 days ago.
I check the contract again ,it is her shoud notice me 2 months in advance if she wants to end the contract
Customer: replied 8 days ago.
I can end contract at any time ,don't need to notice her 2 months before ,right?
Expert:  Vineet S replied 8 days ago.

Yes. she being the service provider needs to give you 2 months notice.

Customer: replied 8 days ago.
Ok , get it
Expert:  Vineet S replied 8 days ago.

Thanks again . Kindest regards.

Customer: replied 8 days ago.
Best Regards!
Customer: replied 8 days ago.
But I remembered I texted her message she can stay in my place when working for me ,will she use it to against me and refuse to move out?
Expert:  Vineet S replied 8 days ago.

Remember her services are no longer required.

You would tell her that you are terminating the contract , of course would be paying her for the full term, and consequently she would have to vacate the premises.

Customer: replied 8 days ago.
How do I propose to terminate the contract?Email, text or verbally?
Expert:  Vineet S replied 8 days ago.

In writing preferably using official email.

Thank you.

Customer: replied 8 days ago.
Does my private email ok?
Expert:  Vineet S replied 8 days ago.

If there is no official email, then private email will do.

Customer: replied 8 days ago.
there are something more ,but not related to the contract ,may I ask you or other solicitor?
Expert:  Vineet S replied 8 days ago.

You can post it as a new question here-

https://www.justanswer.co.uk/law/expert-vineetsharma/

Thank you.

Customer: replied 8 days ago.
Thank you!
Expert:  Vineet S replied 8 days ago.

Thanks . Have a nice evening.