Advice on Terminating Consultancy Agreement without notice - I am the supplier.

[AWP]

Hi All,

Could anyone help to advise me on the below.

Since early February I have been working as a Freelance Sole Trader, I have a client who I have a Consultancy Agreement with to offer services (Training and Education) until February next year.

There have been a number of issues with this client since starting, specifically them dictating to me the days I work, when to be in their office, shift times and location etc, micromanaging every aspect of my time and treating me like an employee, which is the opposite of what I agreed to in the contract.

The client also hasn’t valued or respected me, I’ve been shouted at by other members of the business, involved in conflict between other members of the business and been expected to do work above what is in the agreement, Essentially they are treating me like an employee, and when I raised this became very hostile and aggressive towards me, I need to end the agreement for my mental and physical wellbeing but the agreement currently states 2 weeks notice to be given on my side (They can terminate at any time with no notice for any or no reason) so the terms are very loose.

Do I have to give them two weeks notice? I’ve become so unwell with stress I don’t think I can manage another day in their business, I don’t have a contract of employment and I am not an employee but could I be held in breach?

I understand Employment law quite in depth, however this is my first time Freelancing and I can’t help but feel I have been taken advantage of, ie none of the benefits of being self employed and being treated like an employee.

Thank you!

 

[Gyumri]

Essentially they are treating me like an employee,

That's because you probably are in law because there seems to be a master -servant relationship where you have no independence to decide how or even when you will carry out the work.

I don’t have a contract of employment

As @Newchodge will no doubt point out - that doesn't matter as it sounds like you are an employee despite what your "freelance" contract states.

This would be particularly so if the "client" is in fact the only client you are able to perform work for, ie., you have no other clients.

 

[AWP]

That's because you probably are in law because there seems to be a master -servant relationship where you have no independence to decide how or even when you will carry out the work.

As @Newchodge will no doubt point out - that doesn't matter as it sounds like you are an employee despite what your "freelance" contract states.

This would be particularly so if the "client" is in fact the only client you are able to perform work for, ie., you have no other clients.

Hi,

Thank you for your reply although you have not answered my points and only provided information I am aware of.

 

[Paul Kelly ICHYB]

You supplied the contract?

If they have not broken it and you want to get out, give the 2 weeks and move on.

 

[AWP]

You supplied the contract?

If they have not broken it and you want to get out, give the 2 weeks and move on.

Hi Paul,

It’s their contract.

However the contract states “The Supplier shall endeavour to co-operate with the Client’s reasonable requests within the scope of the Services however it is acknowledged that the Supplier shall have autonomy over its working methods, hours and location.”

This isn’t the case as they are dictating to me from day one the days I work, the hours, how many days I need to be in the office and which days etc, I have no autonomy over my working schedule and when I told them my general working hours this was met with a very hostile and aggressive response…

I believe I am “falsely self-employed” as their actions in reality are completely in contradiction to the signed terms, Quite a lot of other things have happened where they’ve treated me like an employee and the relationship has very quickly broken down and I need to end the agreement as I cannot continue due to the stress and anxiety it has caused. I am trying to gage whether giving no notice will cause repercussions or whether I can base this on their breach of the terms.

 

[Paul Kelly ICHYB]

Sorry for being a bit blunt.

You want out. You have the ability to get out in 2 weeks. Take that route.

We can have a discussion on the intricate details, but your needs/requirements are simple.

Discussing the in & outs of whether you are really employed or self employed are irrelevant as is the way you have been treated.

 

[fisicx]

They could take legal action. They could let you walk away. Try asking them.

 

[Gyumri]

I am trying to gage whether giving no notice will cause repercussions or whether I can base this on their breach of the terms.

You have an employment contract but as it's not in writing the client is likely to face an unpleasant penalty for not proving one were you to take them to an ET.

Point that out to them and that you cannot be expected to work in the oppressive conditions that they are subjecting you to - and move on.

I cannot see them wanting to take you to an ET and then having to pay several thousands of pounds for failing to provide you with a genuine employment contract.

@Newchodge will no doubt chip in with the benefit of her experience and clarify the options open to the OP.

 

[AWP]

Sorry for being a bit blunt.

You want out. You have the ability to get out in 2 weeks. Take that route.

We can have a discussion on the intricate details, but your needs/requirements are simple.

Discussing the in & outs of whether you are really employed or self employed are irrelevant as is the way you have been treated.

Hi Paul,

Am I in a position to end without notice as they have not complied with the terms, specifically working hours and days etc and are telling me when and where I should work which I cannot accommodate fully meaning working the notice period is not feasible based on their demands?

You have an employment contract but as it's not in writing the client is likely to face an unpleasant penalty for not proving one were you to take them to an ET.

Point that out to them and that you cannot be expected to work in the oppressive conditions that they are subjecting you to - and move on.

I cannot see them wanting to take you to an ET and then having to pay several thousands of pounds for failing to provide you with a genuine employment contract.

@Newchodge will no doubt chip in with the benefit of her experience and clarify the options open to the OP.

Thank you, Just to clarify - When I stated I don’t have an employment contract, It was referring to the fact I have a Consultancy Agreement contract as a self employed freelance but not a standard employment contract as I am not an employee, but they are treating me as one regardless.

 

[Russ Michaels]

Hi All,

Could anyone help to advise me on the below.

Since early February I have been working as a Freelance Sole Trader, I have a client who I have a Consultancy Agreement with to offer services (Training and Education) until February next year.

There have been a number of issues with this client since starting, specifically them dictating to me the days I work, when to be in their office, shift times and location etc, micromanaging every aspect of my time and treating me like an employee, which is the opposite of what I agreed to in the contract.

The client also hasn’t valued or respected me, I’ve been shouted at by other members of the business, involved in conflict between other members of the business and been expected to do work above what is in the agreement, Essentially they are treating me like an employee, and when I raised this became very hostile and aggressive towards me, I need to end the agreement for my mental and physical wellbeing but the agreement currently states 2 weeks notice to be given on my side (They can terminate at any time with no notice for any or no reason) so the terms are very loose.

Do I have to give them two weeks notice? I’ve become so unwell with stress I don’t think I can manage another day in their business, I don’t have a contract of employment and I am not an employee but could I be held in breach?

I understand Employment law quite in depth, however this is my first time Freelancing and I can’t help but feel I have been taken advantage of, ie none of the benefits of being self employed and being treated like an employee.

Thank you!

Tell them you won't be able to work for the next few weeks due to health issues and give your 2 weeks notice at the same time.
There future make sure you are the one providing three contact and terms.

 

[Paul Kelly ICHYB]

Am I in a position to end without notice

Than do it.

All of this discussion re employment and contracts is irrelevant unless you want to take further action - this will add to your stress.

 

[AWP]

Tell them you won't be able to work for the next few weeks due to health issues and give your 2 weeks notice at the same time.
There future make sure you are the one providing three contact and terms.

Thank you Russ, This feels like the most straight forward way to end things as quickly as possible to cover all basis, I worry they will refuse to pay me for the days worked so far, however I do have a record of these being logged so hopefully this wouldn’t be an issue if it came to it.

 

[DontAsk]

Sound like they broke the contract to me. If you walk away and they threaten you, just point out that you could contact HMRC to inform them they are employing a disguised employee rather than a contractor.

 

[AWP]

Hi All,

Could anyone help to advise me on the below.

Since early February I have been working as a Freelance Sole Trader, I have a client who I have a Consultancy Agreement with to offer services (Training and Education) until February next year.

There have been a number of issues with this client since starting, specifically them dictating to me the days I work, when to be in their office, shift times and location etc, micromanaging every aspect of my time and treating me like an employee, which is the opposite of what I agreed to in the contract.

The client also hasn’t valued or respected me, I’ve been shouted at by other members of the business, involved in conflict between other members of the business and been expected to do work above what is in the agreement, Essentially they are treating me like an employee, and when I raised this became very hostile and aggressive towards me, I need to end the agreement for my mental and physical wellbeing but the agreement currently states 2 weeks notice to be given on my side (They can terminate at any time with no notice for any or no reason) so the terms are very loose.

Do I have to give them two weeks notice? I’ve become so unwell with stress I don’t think I can manage another day in their business, I don’t have a contract of employment and I am not an employee but could I be held in breach?

I understand Employment law quite in depth, however this is my first time Freelancing and I can’t help but feel I have been taken advantage of, ie none of the benefits of being self ex employed and being treated like an employee.

Thank you!

Sound like they broke the contract to me. If you walk away and they threaten you, just point out that you could contact HMRC to inform them they are employing a disguised employee rather than a contractor.

Yes I feel as though that is the case, and they have basically intentionally misclassified me to their own benefit, taking me on as a freelance independent contractor but treating me exactly the same as an employee on the pay roll.

Sound like they broke the contract to me. If you walk away and they threaten you, just point out that you could contact HMRC to inform them they are employing a disguised employee rather than a contractor.

Sound like they broke the contract to me. If you walk away and they threaten you, just point out that you could contact HMRC to inform them they are employing a disguised employee rather than a contractor.

 

[Gyumri]

When I stated I don’t have an employment contract, It was referring to the fact I have a Consultancy Agreement contract as a self employed freelance but not a standard employment contract as I am not an employee, but they are treating me as one regardless.

You did have an employment contract in law from the start whether your client or you wishes otherwise.

It is not the label that you choose to apply or even the terms of the "freelance" contract but the actual basis upon which you are working in reality that determines the issue.

 

[AWP]

You did have an employment contract in law from the start whether your client or you wishes otherwise.

It is not the label that you choose to apply or even the terms of the "freelance" contract but the actual basis upon which you are working in reality that determines the issue.

Please could you elaborate?

 

[DontAsk]

If you were in fact a disguised employee then you have a contract, even if it's not in writing.

 

[AWP]

If you were in fact a disguised employee then you have a contract, even if it's not in writing.

I do have a contract but it’s a consultancy agreement expressing autonomy but I’m not being treated in that way.

 

[Gyumri]

Please could you elaborate?

Agreements are determined by what the parties are objectively agreeing to do by their actions.

So if I turn up every day in response to what the client wants and act as if I were an employee then law will regard me as an employee rather than a freelancer - particularly if I do not have any other clients but only seem to be working for the client.

When is a freelancer really an employee? - HR Magazine

When it comes to taking on 'freelancers' and outlining their roles within any organisation, many employers will be asking: 'Who cares? We, the parties have an understanding and that is all that matters.' Unfortunately, when it comes to employee versus freelance status, the issue is not that...

www.hrmagazine.co.uk

 

[DontAsk]

I do have a contract but it’s a consultancy agreement expressing autonomy but I’m not being treated in that way.

Yes but if you are, in fact, an employee, you have a contract of employment which trumps your consultancy.

You are one or the other.

If they are dictating hours of work then it starts to smell like employment.

Is all down to what is actually happening, not what someone thinks or says is happening.

I believe there is an employment status checking tool somewhere on gov.uk but I have heard it's not 100% reliable.

[Edit] here it is https://www.gov.uk/guidance/check-employment-status-for-tax

 

[Newchodge]

Give 2 weeks' notice and tell them you are unable to work due to ill health, as has been suggested. If they don't pay you for work already done threaten them wit6h an employment tribunal on the basis that you are in disguised employment and are owed SSP, holiday pay pension contributions.

f they don't pat, come back for more specific advice on what to do.

 

[AWP]

Give 2 weeks' notice and tell them you are unable to work due to ill health, as has been suggested. If they don't pay you for work already done threaten them wit6h an employment tribunal on the basis that you are in disguised employment and are owed SSP, holiday pay pension contributions.

f they don't pat, come back for more specific advice on what to do.

Thank you for your advice Cyndy,

Could they argue that I am required to provide a replacement to complete the work? I have been through the agreement clause by clause however this isn’t stated anywhere, It only states if I am unavailable I will not be eligible for payment for the dates I am unavailable which seems pretty standard, however the general agreement is all very lose.

 

[Newchodge]

Thank you for your advice Cyndy,

Could they argue that I am required to provide a replacement to complete the work? I have been through the agreement clause by clause however this isn’t stated anywhere, It only states if I am unavailable I will not be eligible for payment for the dates I am unavailable which seems pretty standard, however the general agreement is all very lose.

They can only require what the agreement allows.

 

[AWP]

They can only require what the agreement allows.

Thank you for your help and advice.

 

[FreddyG]

If they are dictating hours of work then it starts to smell like employment.
Is all down to what is actually happening, not what someone thinks or says is happening.
I believe there is an employment status checking tool somewhere on gov.uk but I have heard it's not 100% reliable.

[Edit] here it is https://www.gov.uk/guidance/check-employment-status-for-tax

THIS!

Here is the direct link to the self-test -

Guidance – Guidance – GOV.UK

www.tax.service.gov.uk

If what you have told us is true (this is just a forum after all!) then you seem in all likelihood to be an employee. Good luck!

 

[MikeJ]

Hi,

Thank you for your reply although you have not answered my points and only provided information I am aware of.

You're new to the internet then?

 

[AWP]

They can only require what the agreement allows.

Hello,

Just a quick question – I gave notice as per the terms of the agreement which are 2 weeks, I also then gave limited availability within these 2 weeks (The agreement states I will have autonomy over my days, hours, location and methods etc) and there are no time scales in the works order, There also are no agreed minimum days to be worked etc, It only states a 12 month period but no agreed minimum days etc.

The client wanted to have a 30 minute call this morning, I politely requested if we could have any communication specifically related to the Consultancy Agreement/Works Order/Handover in writing so I had a clear record of any communication and paper trail of what has been said, discussed, agreed etc– The client not surprisingly has again acted very hostile demanding a call, The reason I don’t want/feel comfortable agreeing to a 1-1 call is that we had one on Friday, where the client spent the whole time accusing me of X,Y,Z without evidence or merit, attacking me personally and making me feel very very uncomfortable, I’ve spent the weekend feeling physically and mentally sick, haven’t eaten or slept and I don’t want any undocumented contact as everything so far has been completely twisted.

Where do I stand? I feel like I am being treated like a child, but I do not want another 1-1 undocumented call to receive any more “abuse”.

 

[Newchodge]

Hello,

Just a quick question – I gave notice as per the terms of the agreement which are 2 weeks, I also then gave limited availability within these 2 weeks (The agreement states I will have autonomy over my days, hours, location and methods etc) and there are no time scales in the works order, There also are no agreed minimum days to be worked etc, It only states a 12 month period but no agreed minimum days etc.

The client wanted to have a 30 minute call this morning, I politely requested if we could have any communication specifically related to the Consultancy Agreement/Works Order/Handover in writing so I had a clear record of any communication and paper trail of what has been said, discussed, agreed etc– The client not surprisingly has again acted very hostile demanding a call, The reason I don’t want/feel comfortable agreeing to a 1-1 call is that we had one on Friday, where the client spent the whole time accusing me of X,Y,Z without evidence or merit, attacking me personally and making me feel very very uncomfortable, I’ve spent the weekend feeling physically and mentally sick, haven’t eaten or slept and I don’t want any undocumented contact as everything so far has been completely twisted.

Where do I stand? I feel like I am being treated like a child, but I do not want another 1-1 undocumented call to receive any more “abuse”.

You are entirely wthin your rights to do this. I would also put in writing to them that, following the unpleasant and abusive call you received on Friday, you will not accept any further calls and all communication will be in writing only. Don't ask them to put it in writing. Tell them it will be in writing. If they try to make a further call, write and tell them it amounts to harassment and, if it continues it will be reported to the police.

 

[fisicx]

That is good to hear @AWP. Don’t let them bully or dictate anything. Certainly don’t answer the phone. Get everything in writing but wait for them to contact you. Don’t initiate anything yourself. You have handed in your notice, there is nothing more you need to do. Except get paid.

 

[AWP]

You are entirely wthin your rights to do this. I would also put in writing to them that, following the unpleasant and abusive call you received on Friday, you will not accept any further calls and all communication will be in writing only. Don't ask them to put it in writing. Tell them it will be in writing. If they try to make a further call, write and tell them it amounts to harassment and, if it continues it will be reported to the police.

Where do you think I stand now in terms of not working the remaining days notice period? Should I tell them I am unfortunately unwell (The agreement doesn't state I will need to provide a replacement) and the agreement doesn't state any commitment of days so I don't think I am "technically" in breach of anything, as the works order also doesn't contain any timelines, They where very hostile again this morning, I couldn't continue and told them I was unwell and would be unavailable for the remainder of today and they asked for a breakdown of what work had been completed in the 2.5 hours I was active this morning...

 

[AWP]

That is good to hear @AWP. Don’t let them bully or dictate anything. Certainly don’t answer the phone. Get everything in writing but wait for them to contact you. Don’t initiate anything yourself. You have handed in your notice, there is nothing more you need to do. Except get paid.

Thank you, They are definitely bullying/dictating and I can really feel the pressure of it all, and I just want to end the agreement immediately.

 

[Newchodge]

Where do you think I stand now in terms of not working the remaining days notice period? Should I tell them I am unfortunately unwell (The agreement doesn't state I will need to provide a replacement) and the agreement doesn't state any commitment of days so I don't think I am "technically" in breach of anything, as the works order also doesn't contain any timelines, They where very hostile again this morning, I couldn't continue and told them I was unwell and would be unavailable for the remainder of today and they asked for a breakdown of what work had been completed in the 2.5 hours I was active this morning...

You spoke to them? Why?

Just tell them you are unavailable for the next 2 weeks.

 

[AWP]

You spoke to them? Why?

Just tell them you are unavailable for the next 2 weeks.

I spoke to them via email as they kept contacting me regarding a "scheduled" meeting this morning and I requested at the time everything to be in writing and they kept contacting me, I have an email address for their company alongside my own personal email address and so the lines feel quite blurred.

 

[fisicx]

Just ignore their emails. Do not respond or make any further contact.

 

[AWP]

Just ignore their emails. Do not respond or make any further contact.

Just to be clear, I should tell them I am unavailable for the next 2 weeks, Ignore any further contact or communication directly, but still try to invoice to the accounts team for the days worked so far (I know there's a risk there could be an issue and petty back and forth to pay) but in terms of the logical steps?

 

[Newchodge]

Just to be clear, I should tell them I am unavailable for the next 2 weeks, Ignore any further contact or communication directly, but still try to invoice to the accounts team for the days worked so far (I know there's a risk there could be an issue and petty back and forth to pay) but in terms of the logical steps?

Yes.

 

[AWP]

Yes.

Thank you.

 

[Russ Michaels]

setup call recording as well, in case they do decide to call you and be abusive.

 

[AWP]

Hi Everyone,

Thank you for all of your help and advice, The client outreached to me on Friday afternoon and stated there would be no notice period required as I was now "Unavailable" and confirmed the outstanding 10 days to be paid on my final invoice, It was all quite stressful however I am relieved it is over now, and I will definitely do far more diligence before ever Freelancing again.

Thanks again for the help!

 

[Jay F.]

Hi All,

Could anyone help to advise me on the below.

Since early February I have been working as a Freelance Sole Trader, I have a client who I have a Consultancy Agreement with to offer services (Training and Education) until February next year.

There have been a number of issues with this client since starting, specifically them dictating to me the days I work, when to be in their office, shift times and location etc, micromanaging every aspect of my time and treating me like an employee, which is the opposite of what I agreed to in the contract.

The client also hasn’t valued or respected me, I’ve been shouted at by other members of the business, involved in conflict between other members of the business and been expected to do work above what is in the agreement, Essentially they are treating me like an employee, and when I raised this became very hostile and aggressive towards me, I need to end the agreement for my mental and physical wellbeing but the agreement currently states 2 weeks notice to be given on my side (They can terminate at any time with no notice for any or no reason) so the terms are very loose.

Do I have to give them two weeks notice? I’ve become so unwell with stress I don’t think I can manage another day in their business, I don’t have a contract of employment and I am not an employee but could I be held in breach?

I understand Employment law quite in depth, however this is my first time Freelancing and I can’t help but feel I have been taken advantage of, ie none of the benefits of being self employed and being treated like an employee.

Thank you!

What everyone else said!