• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Breach of Contract?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Breach of Contract?

    Hi,

    I recently started training in a Self Employed Driver role, working for a company out of a local depot. I had done 4 days training of 6 and they were nagging me to sign a contract, text messaging me during the day requesting I fill out the contract, sign it and send a photo of it that day. I was reluctant to do so as I hadn't even finished my training and had only been shown 50% of my delivery route....

    Anyway, I signed it as I thought they may need it due to there being some legal jargon in it in relation to tax liability, public liability and business use insurance on vehicles being my responsibility...so I guessed they legally needed me to sign it so they are not in anyway liable if I ran someone over or damaged someone's property etc....

    The contract stated that I needed to give 1 weeks notice if I was getting paid weekly, or 1 months notice if I got paid monthly, or I could leave with no notice and no pay. So to me it wasn't a big deal if I signed it or not...it made no difference, whether I signed it or not - I felt that I was free to leave with no problems and no pay if I decided it wasn't for me.

    I have the main boss now messaging me saying 'I hear you left without giving notice'......I did not reply...... then I get another message through saying 'This is sad to hear, as you are breaching your contract and won't be paid for the month'....

    I am not sure why she is messaging me these things. I know this. I have sacrificed my pay. I don't care about the money. It just didn't work out, that's life.....

    I am not sure if I have breached my contract if it states I can leave with no notice and no pay. Have I breached the contract?

    I have read that you don't have to give any notice if you have worked less than a month, but would this contract override that?

    Key points:

    - I was a Self Employed Driver
    - I had worked 4 days out of 6 training days.
    - I signed a contract stating I needed to give a weeks notice if I was getting paid weekly, or a months notice if I was getting paid monthly, or give no notice and sacrifice pay.


    Thanks for helping me....
    Tags: None

  • #2
    So you have not even finished your training before you left is that correct?

    If the self-employed contract stated that you could leave without notice but you would not get paid except presumably for the hours up until you leave, then effectively you have done that and accepted that you will not get paid beyond the hours you have worked. You are not an employee you are on a self-employed contract so the terms in the contract are the ones that are in operation and from what you have said about the notice terms you have not breached them.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

    Announcement

    Collapse

    Welcome to LegalBeagles


    Donate with PayPal button

    LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    See more
    See less

    Court Claim ?

    Guides and Letters
    Loading...



    Search and Compare fixed fee legal services and find a solicitor near you.

    Find a Law Firm


    Working...
    X