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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32885
Experience:  Award winning lawyer with over 15 years experience
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I am reading a service contract which I have been asked to sign as a freelance p

Customer Question

Hello
I am reading a service contract which I have been asked to sign as a freelance programme leader on an MA course at a private university. There is a clause which reads:
"The School shall have the right not the obligation to terminate this Agreement at any time by summary notice without any payment in lieu in the event of the Programme Leader being charged with or convicted of any criminal offence other than a minor driving offence under the Road Traffic Acts."
Is it legal to sack someone who has only been charged?
Also aren't the words "or convicted" redundant, since you presumably can't be convicted without being charged?
Is a "minor driving offence under the Road Traffic Acts" a criminal charge?
Thank you for your help.
Simon
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.
They are entitled to add this clause into the contract if they wish to protect their reputation - which is basically what this clause is trying to achieve. They are allowed to do this. A minor road traffic offence (speeding) is not usually considered as a criminal charge in the scheme of things. I hope that this helps. Please rate positively