Breach of Contract?

[jeff99]

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....

[ULA]

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.