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6 years at the job, sacked with 2 days notice. Help!


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Hello all,

 

I have recently been sacked from my job as a DJ in a Newcastle bar with only 2 days notice. I was due to play the Saturday night and was told on the Thursday afternoon.

 

I have been a resident there for 6years and although I was 'self employed' while working there I was wondering if I have any rights? This has basically left me in grave difficulty financially and put me under serious pressure to find another job quickly.

 

Can I take any action?

 

Thanks, Peter.

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Hello all,

 

I have recently been sacked from my job as a DJ in a Newcastle bar with only 2 days notice. I was due to play the Saturday night and was told on the Thursday afternoon.

 

I have been a resident there for 6years and although I was 'self employed' while working there I was wondering if I have any rights? This has basically left me in grave difficulty financially and put me under serious pressure to find another job quickly.

 

Can I take any action?

 

Thanks, Peter.

 

As HB has said, it may depend if there is a contract in place & if there is what 's contained in it (i.e. clauses re termination, notice period etc). I'm guessing if it were the other way round, they wouldn't be too happy.

 

That said, I'm guessing as self employed, there's probably nothing you can do about it.

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call ACAS

 

And hope that you find someone who has the right answer. If you're not sure, you can call again because they don't ask who you are. The reviews on ACAS here are mixed, which is disappointing, but I understand that their system has changed.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Sorry but Acas will be of no use here, as being self employed means he is not an employee of the company where he provided his services. In otherwords in his case the company he referred to as sacking him is not his emplyoer but in fact his customer. So actually he has not been sacked/dismissed as he was never employed by them to start with. All they have done is discontinued his services, although if he had a written agreement/contract that outlined the terms of the provision of the services he provided and gave details of how to cancel the service he provided and what notice they had to give of their intent to cancel, and they failed to adhere to those terms, then he could claim for breach of contract. But the cost of doing so compared to what youd get in damages wouldn't be worth it, you'd be better off spending your time looking for an alternative venue that are looking for your service that you provide. This time though make sure you have a written contract stipulating the terms of noticed required prior to cancellation of your services and cancellation of single events that you had been asked to provide your services for along with any fees that will apply for failure to give notice in accordance to the terms of the contract.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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I agree with most of the above, being self-employed would remove a lot of the usual 'employed' rights. However there must of been some sort of contract, on this occasion perhaps it was only verbal, (i.e. DJ sat nights and Ill give you £100 or whatever).

 

I have had various IT Contract jobs elf-employed and it is the norm to have a contract, as these are short term it rarely gives you more than a few days/weeks notice.

 

I was 'dismissed' from one place but the circumstances were not that clear and I didnt choose to fight it, I had only been there a few weeks and it wasnt expected to last much longer anyway.

 

Andy

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I agree with most of the above, being self-employed would remove a lot of the usual 'employed' rights. However there must of been some sort of contract, on this occasion perhaps it was only verbal, (i.e. DJ sat nights and Ill give you £100 or whatever).

 

Hi Andy.

 

Your right, their will have been some sort of verbal agreement. The downside with verbal though, is that there are no written terms in regards to cancelling his service or in regards to anything else. So it would be impossible to successfully argue in court that there was an implied term in the verbal agreement, that ment the customer had to give him a set amont of notice prior to cancellation. It would quite simply be his word against his customers.

 

Basically the key issue here is what if any written contract was their and what did it say in regards to notice of cancellation of the contract.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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