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Ending self employment contract

(2 Posts)
Daffydill2016 Mon 08-Feb-16 10:38:13

My grandparents needed a full time carer last summer, so a distant family member was taken on to do the job. the carer wanted it to be on a self employed basis and it was decided that this was fine. We are paying considerably over the going rate for this service, but it was deemed by another family member that this was fair.
A written contract was never issued but it was verbally agreed it would be for a 12 month period.
Fast forward 5 months, both my grandparents have been moved to a care home as they need 24 hour care which can not be provided at home. The carer has said they are standing by the contract and want paying for the full 12 months (there is no job for them to do, the house will be sold and the only thing they can do is visit the care home each day, the care home are now being paid to do the caring).
Can we do anything to get out of the contract? we are aware that the family relationship will be ruined but to be fair, the way the 'carer' has acted in the past couple of weeks while this has been going on, I don't want them anywhere near my grandparents anyway.
If we need to take proper legal advice we will do so, but before we do we wondering if this is something worth doing or if we don't really have a case and will have to pay up for both lots of care (which will be in the region of £100k a year with 2 lots of care home bills and the carers wage, my gps money wont last too long paying out all that each year).
Thanks for reading and for any advice you may be able to give.

Collaborate Mon 08-Feb-16 13:54:16

Look up the doctrine of frustration of contract. That will apply to this situation. I don't think your parents need worry, but might be best, if they have an insurance policy that covers it, that they seek some proper, formal advice.

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