Self employed sub contractor severence

[Roberto154]

Currently self employed but have a contract that says ‘each party should give 30 days’ notice’ in the event of ending this tenure.

As self employed surely I can decide to go given it was on health grounds that I requested a compromise of 2 weeks’ notice?
discretionary on their behalf?

feel stuck because they have said they will claw back my already done January work to pay for someone else (a temp) until the notice period is officially up!

I don’t have a copy of the contract but can request it, surely there might be a loophole in the system?

thanks

[ULA]

I suggest you get a copy of the contract and it would be good for you to post it up so i can look at it. Make sure any personal identifying information is removed e.g. your name, the company's name etc

[Roberto154]

It’s 30 pages long, could I email over directly to you please?

[Roberto154]

Have emailed the contract

[ULA]

I have had a quick scan through the lengthy sub-ccontractor agreement.

Clause 9 and in Schedule 1 clause 13 they clearly set out the 30 day termination period that either of you can give to the other.

You then need to go to clause 4.6 of the first part of the agreement which sets out their right to "... appoint a third party service provider to perform the Services that should have been performed by you or your Personnel..." and it goes on to basically say that they can offset what they need to pay to do this against fees that they owe you.

So from my reading of this if you do not work the 30 days notice period and they pay someone to do the work instead this comes out of what they owe you.

[Roberto154]

Thanks, however the 30 days is now up and they’re withholding what I earned in January saying the balance of payment minus fees for covering your work will be paid on the next payment run.

next payment run will be March 10th !
surely they can’t be doing this either?

[ULA]

Sorry but yes they can, according to Schedule 1 clause 14.3 they can retain any fees on termination of the contract for up to 6 months. This clause takes precedence over clause 8.3 of the same Schedule where fees are paid within 14 days of the month end for services.