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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Can you tell me what notice needs to be given to an

Customer Question

Hi there. Can you tell me what notice needs to be given to an Independent contractor to cancel their contract?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. To terminate the contract of an independent contractor you need to give whatever notice in law counts as "reasonable notice". For a month by month contract, this is one month. For a yearly contract, this is two months. For a five yearly contract, this is three months notice. If you want to specify the term of the contract, I will be happy to help you further.

Customer: replied 1 year ago.
I am a self employed swimming instructor and have been teaching in a leisure centre for over 7 years. Today (Wed 11th Nov) i was told i was not allowed to use facility after Fri 13th November. This is my only means of income, and this is what I live on. I am very upset and any advicd would help me.
Customer: replied 1 year ago.
Although I had only signed a paper contract on 7th Dec 2012, this was a rolling contract with only dates to be changed yearly (or any other items) - no review of contract happened since this was signed. But, we have been teaching swimming lessons there since 2008
Customer: replied 1 year ago.
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Expert:  Buachaill replied 1 year ago.

2. Was there any reason given for not allowing you to use the facility from Friday 13th November? Obviously 2 days notice is not sufficient notice. There would have to be 2 months notice given. (I will be unable to provide a phone call service but I will answer this chat)

Customer: replied 1 year ago.
There were 2 reasons stated in an email which i received from them at 6pm yesterday. 2 reasons which we have valid responses to (1. Was a member complaint about being asked to use another section of the pool as they were obstructing me from doing my lessons, this is a frequent occurrence in swimming pools that provide swim lessons and 2) saying that we used the pool without permission - we have use of the pool at times we used it and have emails letting manager know this.
I feel really discriminated here and picked on. Im so upset. I have over 70 customers that are due to have lessons (that they have paid for) over the next 4wks and now Im being told this? Surely I have rights. Especially after 7+ yrs service, and bringing in over 90k revenue in this venue. What can I do?
Expert:  Buachaill replied 1 year ago.

3. You can take out an injunction preventing them from withdrawing the use of the pool without proper notice. Here, I would first suggest that you get yourself a solicitor to formally write to the pool and make clear that two days notice is not sufficient to withdraw use of the pool. Engage in communication with them. Then if they won't budge, then, you can consider legal action.