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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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I employed the services of a personal assistant carer to go

Resolved Question:

I employed the services of a personal assistant  [PA/carer/travel companion] to go away with me on a cruise  as I am disabled and offered to pay for the cruise plus  x amount per week therein. before the end of the cruise the PA became very abusive plus not providing the agreed service the situ became intolerable so I told them their services were longer required. The PA is now seeking payment in full irrespective of the fact I told her her services were no longer required 2 weeks before end of the cruise and I had to pay extra to get the person moved from my cabin until the end of cruise and I was left to fend for myself and get myself home. can this person really expect to be paid for the time when no service was provided. No contracts were given and I was told they would be self employed.The person was also sick for 4 days which I dont see is my responsibility.

Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know if they are expecting payment for the sick days as well?

Customer:

Yes plus the last 2 weeks in full

Customer:

well it seems that way which is odd when they are self employed and that was their insistence,

Customer:

will you be giving me an answer?

Ben Jones :

If you employed the services of someone who was self employed, even in the absence of a written contract, they can expect a reasonable period of notice if their employment was to be terminated. THAT is unless they had themselves acted in breach of contract and you terminated the contract for that reason. If their actions were serious enough and did not adhere at all to what was initially agreed, you can argue that they had been guilty of a fundamental breach of contract, which would have then entitled you to terminate the contract with immediate effect and without giving a notice period. However, there is nothing stopping them from taking this further and even taking it to court for them to make a formal and final decision. So whilst you can certainly raise these arguments now, if they were to take it to court that would be their legal right and you would then have to defend yourself in court and hope that they agree with your arguments.

Customer:

Yes I understand, I take it they cannot argue for payment when sick as well as your reasoning above?

Customer:

Fortunately I have several witnessess re the above

Ben Jones :

no they cannot ask for sick pay unless it was originally agreed that you will cover such time, which does not appear to be the case

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

Ben Jones, Solicitor
Satisfied Customers: 38674
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you

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