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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47376
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work as a self employed dentist large UK corporate

Customer Question

I work as a self employed dentist for a large UK corporate one day per week. They have not paid me for six months claiming my earnings (50% minus costs) are less than costs/deductions but my practice manger has done the fiurs and this is not correct. I want to leave. Do I have to work my notice period or indeed turn up to work there again as surely they have breached their side of the contract?
Submitted: 2 years ago.
Category: UK Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you wish to pursue any of the money you believe you are owed?
Customer: replied 2 years ago.
No because it will be less than what it would cost me to recover it. I really want to know if it is within my rights to either not return or give a reduced notice period (contract says 4 months) and I have worked there approx 3 years.
Expert:  Ben Jones replied 2 years ago.
It is indeed possible to leave early or with immediate effect. The way this works is as follows: you and the other side have a formal contract in place. Tis contract contains a number of clauses which you would both be expected to adhere to. For example, for the employer that would be to ay you what you are due. You would be expected to do work required of you. The notice clause can apply to both.
So if one party has committed a serious breach of contract, it can allow the other party to treat the whole contract as void and be released from it immediately. In other words, the whole contract becomes unenforceable and all clauses within it also become unenforceable. This would include the notice clause.
Not being paid for work undertaken is a serious breach as receiving payment is one of the fundamental rights in a work-related contract. So you could treat this as a serious enough breach to argue that the whole contract had become void. If you wanted to you could try and negotiate a shorter notice period with the employer but otherwise it may be best to leave immediately so as to show that you have treated the breaches seriously and that you treat the whole contract as being void with immediate effect.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you