Do you have to give notice if self employed home courier?

kimliz65

Hi, does anyone know if you have to give notice when self employed as a home courier for Yodel? I started 2 weeks ago and recieved a service agreement yesterday stating that I would have to give one months notice if I want to leave! This doesn't seem right to me, the pay is fortnightly and if they have no work you don't get anything, so why would I have to give notice of a month. Not sure what to do as they want me to sign the service agreement and return it, only doing this job until I find a more secure position. Thanks.

SchminkyCat

I would imagine that yes you would still be obliged to give them notice - if it is part of their contract, then its part of their contract!

I used to work on a zero hours contract basis with a company where I was technically still self employed (I invoiced them for the hours I did each day, but because I am self employed anyway, it was easier for both of us if I remained self employed). Both parties were obliged to give the other at least 1 weeks notice of termination of the contract, even though technically they could have kept me on and just never given me any work.

InsideInsurance

A contract with a client is as binding as an contract of employment. If there is a notice period in it then it is enforceable by both sides.

geordie_joe

InsideInsurance wrote: »

A contract with a client is as binding as an contract of employment.

This one hasn't been signed, so it is not binding in any way shape or form.

InsideInsurance wrote: »

If there is a notice period in it then it is enforceable by both sides.

Only after it has been agreed and signed, which this one hasn't.

The op needs to find out what penalty will apply if they don't give 1 months notice. For employed people they normally deduct it from any holiday pay owed to you, and/or from your last wage.

Then the op can decide if they are willing to pay the penalty should a better job turn up and they can't give the required notice.

Valli

kimliz65 wrote: »

Hi, does anyone know if you have to give notice when self employed as a home courier for Yodel? I started 2 weeks ago and recieved a service agreement yesterday stating that I would have to give one months notice if I want to leave! This doesn't seem right to me, the pay is fortnightly and if they have no work you don't get anything, so why would I have to give notice of a month. Not sure what to do as they want me to sign the service agreement and return it, only doing this job until I find a more secure position. Thanks.

They are offering you a contract - the terms are specified in it. If you don't agree don't sign it.

InsideInsurance

geordie_joe wrote: »

This one hasn't been signed, so it is not binding in any way shape or form.

Most contracts do not require a signature, the fact services have been rendered and payment taken is generally sufficient to confirm a contracts existence and agreement of the parties to it.

A dated signature just makes things simpler, a witnessed signature simpler too.

geordie_joe

InsideInsurance wrote: »

Most contracts do not require a signature, the fact services have been rendered and payment taken is generally sufficient to confirm a contracts existence and agreement of the parties to it.

Not for the amount of notice needed. You can assume a contract for the work done, but not future work or notice needed to quit. You can't assume the op has agreed to anything accept make the deliveries and receive payment for them.

If it was legal to assume the op had agreed to all the terms in the contract you could hand him/her one that said 20 years notice is needed or you owe us £million.

So, as I said, the op needs to find out what the penalty will be if they don't give notice.

Buzby

There's no dispute over the notice period - it is stipulated, so if this is acceptable, sign up. If not, don't. It would be a problem if you simpl said stuff it and refused to do any more. It is the agreement to be bound by the agreed T&C's that are instrumental in work being offered at all.

The penalty is irrelevant, as this will alert the firm that the applicant is not prepared to accept the arrangement.