Login|Contact Us
Question and Answer

UK Employment Law

Ask an UK Employment Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Hi, I have been contracting for a client company through

 
John Knox's Avatar
  • Answered by:John Knox
  • Solicitor
  • Positive Feedback: 97.3 %
  • Accepted Answers: 71
Verified Expert
in UK Employment Law

Recent Feedback

Positive
You were good
Positive
I think your answer was very good. It gave me the necessary enlightenment to...
Positive
good clear advice, thanks
Positive
Very helpful and answered supporting question. I am very happy with the advice....
Positive
very reassuring reply
Positive
Just what I needed to know! Thanks
Positive
Thank you the residency has helped as she has been worry so much about losing...

Customer Question

Hi,

I have been contracting for a client company through my own limited company. My contract start date was the 14th of May 2012 and the end date was 12th of June (both dates specified in the contract schedule). The contract schedule also states "Contract Period - 1 month (initial period)". So I have worked 2 weeks and 3 days past the contract end date. I have not received a new contract / renewal or had discussions about renewing it. The contract has a 2 week notice period. I have been paid for all my work to date and I wish to stop working for the client immediately (I fear that they do not have the funds to pay me for future work).

I would like to know whether I have to give notice of termination and work the notice period or if since the contract end date has passed, I don't need to work it. This article seems to say that the notice period is now void because the end date has passed:

http://www.contractorcalculator.co.uk/continuing_work_contract_signed_contract_renewal.aspx

Please look at Heading "Extension 'at will'", second paragraph.

Is this correct? Or does my client have a 'substance over form' argument that I must work the notice period?

Many Thanks

 

Optional Information:
Province/Country relating to question: UK

Already Tried:
nothing.

Submitted: 292 days and 9 hours ago.
Category: UK Employment Law
Value: £22
Status: CLOSED
Customer replied 292 days and 9 hours ago.

Relist: I still need help.
This is a different question to the first one I answered.

Picture
Expert:  John Knox replied 292 days and 7 hours ago.

Hello,

I will do my best to help you with this.

Is it possible I could see your expired contract please (there is an attach function - the paperclip)

John

Customer replied 292 days and 1 hours ago.

Hi John,


Please click on this link to view:


https://docs.google.com/open?id=0B13TfhB5o-8sdXdoSjRsWGRlNDA


Thanks

Accepted Answer

Picture
Expert:  John Knox replied 291 days and 15 hours ago.

Thanks Ben

I am confident that the contract has expired and that the time periods specified therein are no longer enforceable.

You are free to terminate with immediate effect if you wish. However, I always advise caution in these circumstances and you would ideally give a small period of notice. A week would absolutely reasonable.

Even if you failed to provide any notice, it would be almost inconceivable that an action could successfully be brought against you for losses arising from your termination without notice. Such a claim would lack any foundation given that the term of the contract has expired.

Please rate me OK SERVICE or above and I will gladly answer your follow up questions.

John

Expert TypeSolicitor
Category: UK Employment Law
Pos. Feedback: 97.3 %
Accepts: 71
Answered: 7/2/2012

Experience: Solicitor and Advocate

Ask this Expert a Question >
Customer replied 290 days and 23 hours ago.

Thanks John. Its good to have another opinion, my local solicitor said I have to work out my notice otherwise I could be at risk of a damages claim. Based on yours and his advice, I have agreed to work out the notice to be on the safe side.

Accepted Answer

Picture
Expert:  John Knox replied 290 days and 21 hours ago.

That's very sensible, Ben. I hope it all works out for you.

Best wishes
John

Expert TypeSolicitor
Category: UK Employment Law
Pos. Feedback: 97.3 %
Accepts: 71
Answered: 7/3/2012

Experience: Solicitor and Advocate

Ask this Expert a Question >
 
Tweet

2 Solicitors are Online Right Now

Ask Your Question Now
Ask A Solicitor
Type Your UK Employment Law Question Here...
characters left:

Top UK Employment Law Experts

See More Solicitors

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.
67 Solicitors are Online Now
Type Your UK Employment Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan