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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48200
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a self employed hairdresser and have been offered an

Customer Question

I am a self employed hairdresser and have been offered an employed position in another salon. I wish to work a months notice in my current salon but I am worried the salon owner will want to terminate immediately. I have been self employed there for almost two years and have no contract with him despite asking for one. There has also been issues with the owner dictating work hours and giving us chores and tasks beyond taking care of my own clients, which is why I want to leave. Can he throw me out immediately or would I be able to force him to allow me a months notice?
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 2 years ago.

Hello, could you please let me know if you would be happy to leave immediately if you are at least paid for the notice period? Also do you have guaranteed hours at work or is there no guarantee at all about the hours you work?

Customer: replied 2 years ago.
My current self employed agreement is a 50/50 split on what I make, so he does not pay me. I can leave immediately but I would prefer for my clients sake that I have booked (I have prepaid wedding hair etc) that I can filter out for the month. Regarding work hours, we have an agreement that I work the same four days a week- I can work more if I wish, however he does try to dictate that I am there when I do not have clients booked in to take in walk ins and cover reception which we frequently come to blows over as I know he cannot do this.
Expert:  Ben Jones replied 2 years ago.

Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 2 years ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

Under law, only employees are entitled to receive a minimum notice period in the event that their employment is terminated. The self-employed do not have the legal right to minimum notice periods on termination.

Whether a self employed worker is entitled to a notice period will depend on their contract. If there is a termination clause that specifies a notice period on termination, the employer would be expected to give that notice if they wish to end the employment relationship.

However, it is often the case that no written contract exists, or there is no notice clause in it. In such situations, the worker can still expect a 'reasonable' notice period to have their employment terminated. This is because even in the absence of a written contract they will be working under an implied common law contract and to terminate such a contract a reasonable notice period is required. The only exception is if the contract was terminated because of gross misconduct, that is any misconduct serious enough to justify the employment relationship terminating immediately.

What is a reasonable notice period will vary greatly and will depend on the individual circumstances, industry practices, length of employment, frequency of payment, etc. There are far too many variables to consider, which means it is usually impossible to give a precise indication as to what would be reasonable in each case. It is therefore down to the courts to make that decision. The worker can nevertheless raise this issue with the employer and attempt to negotiate a reasonable notice period with them, a period that they will both be happy to accept.

So it is unlikely that he can remove you without any notice and some length of notice period would be implied but it would be impossible to state how long that would be. It could be a week, it could be a month and unless challenged in court you cannot determine it. So that is why it is best to agree on something and make it clear that a notice period would have to exist in all circumstances.

I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 2 years ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 2 years ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.