the contract

[Guest]

Hi all

sorry if this will be a long read, I will keep as short as I can without omitting important information.

So I have been working as a self employed advisor for a company for the past 4 years and a bit. Basically the company got into trouble due to Corona and I was told on Friday 13 March that there was no need for my services for the time being. This was with immediate effect so I was paid the work I had done up until then but that was it.
My contract has no information on lay off or anything of the sorts, just a one month notice for either party to terminate the contract.
I knew the company was in trouble and since we had been working closely together with a good relationship I didn't intend to insist on them paying my notice and then re hire me when things go back to normal as I did not want to risk not being re hired (at this point nobody knew how long this would go on for).

The company are planning big time redundancies before the furlough scheme ends for their own staff.
As I do not cost them money at the moment I think I am just being kept on a long leash for now while they wait what business is shaping up to be. Problem is I am also struggling with loss of income and have some expenses due to self employment that still need paid.

What are my rights?
Am I only entitled to the one month notice if I told them at this point I will cease the contract?
Am I entitled to loss of earnings as they were technically in breach of contract in the first place?

I would appreciate a little insight into this, see what my possible outcome is before getting legal help in pursuing this.
many thanks
B

[R0b]

Depends what your contract says about work, whether it is guaranteed and/or if you are expected to work so many hours a week or month.

Long and short of it is we ideally need to see the contract terms.

[Birdly]

Thanks I registered now as could not reply as a guest.

Basically the schedule to the contract says £ xxxx a month, based on 5 days per week 40 hrs (exclusive of VAT) in respect of work. VAT will be added where appropriate.

Rolling contract until either party serves 30 days notice.

the full termination of agreement clause
1 either party may terminate this agreement on its entirety by giving the other written notice of not less than 30 days
2 failure by the consultancy to give notice of termination will constitute a breach of contract and shall entitle the company to claim damages from the consultancy for any resulting loss suffered by the company
3 the company may without notice and without liability instruct the consultancy to cease work of the assignment at any time, where:
- the consultancy has committed any serious or persistent breach of any of its obligations under this agreement
- the company and / or client reasonably believes that the consultancy has not observed any condition of confidentiality applicable to the consultancy
- the consultancy proves unsatisfactory to the company and / or client
- The consultancy becomes insolvent, dissolved or subject to a winding up petition
- any member of the consultancy's staff is guilty of any fraud, dishonesty, or serious misconduct

[R0b]

Well I'm only going to give a response based on what you've posted, so you should be entitled to X a month and they can't simply stop you from working, otherwise it would be a breach of contract and you can sue for outstanding monies.

[Birdly]

Thanks for that Rob I will consider taking this further and get some advice.
regards
B