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Given notice. Informal situation. Can you help me how to formalise my notice period and pay.

8 replies

Goandplay · 23/06/2022 12:45

I have worked on a self employed basis for a company that is now being sold.

I have put the last 6 years of my life into this company. Following a conversation with someone that also works in the business I has realised this company would not be what it is without me. The owner has spent large chunks of time doing other things and focusing on other businesses.

I have been advised by the owner they are selling the business, which looks to go through informally very quickly. The new owner will take control of the business within 4 to 6 weeks.
The new owner has no loyalty to me and I feel in a precarious situation regarding the final three months. I have mentioned this to the current owner, they have said they would pay me if the new owner did not.

The current owner is a goal post mover. How can I word something confirming I will be paid as agreed up to the end of September, at my current rate of pay regardless of the work that is available.

I am worried the currently owner will say there is only 4 hours work this week so I am only paying for the hours I can keep you busy. Which wouldn't be what was agreed in my eyes.

I feel that due to situation I am entitled to this pay even if there is no work to be done during this time.

Can anyone help me word something to this effect without it sounding demanding?

OP posts:
Bollindger · 23/06/2022 12:51

Word it so HE thinks he is getting something.
That your agreeing to work for the company for x hours each week for 12 weeks.
That unless agreed in writing by BOTH parties, this means your end of employment date will be......
That you will give the New Owners first chance to carry on employing you subject to a new contract.
Tell your friend this is so HE can show the new owners you are willing to carry on if needed.
If you don't have a clause not to work in the same field, could you poach some of the clients?

Goandplay · 23/06/2022 14:09

The sale is contingent on the same number to clients being transferred.

The new owner wouldn’t want to pay my rate as they will be running the business, wrapping the client list into their existing operations.

So I want to lay out I expect payment regardless of the work done up to my last date. I don’t really want to be putting lots of work into another business of the current owner. He has mentioned me moving to another business of his but at a lower rate. I think I work for this company alone at the moment so my notice should only cover this company.

OP posts:
Goandplay · 23/06/2022 14:11

In a fair world I would receive a payment to recognise my work helping build a saleable business. Knowing the owner this is unlikely.

OP posts:
jesusmaryjosephandtheweedonkey · 23/06/2022 18:05

Unless you have a contract stating what you are entitled to.
I very much doubt the owner will pay you anything.
You are and have been employed on a self employed basis.

MamanDeChoix · 23/06/2022 18:57

You're welcome ot an employee and you've not signed contracts that cover severing agreements etc.
Harsh I know but let this be a lesson to you.
My personal advice, keep copies of what you've done and up to date client listing etc if you have access.

MamanDeChoix · 23/06/2022 18:57

That should say you're not an employee.

MamanDeChoix · 23/06/2022 18:58

Pursuing anything re the informal agreements would be hard to prove and costly.

Whitehorsegirl · 23/06/2022 19:45

What you feel you are entitled to is irrelevant.

As a freelancer you should still make sure you have in place a written freelancer contract/agreement that details what services you are providing to a client, how much they will pay you and how many hours you will work for them and until when, the details of the project you are working on and so on.

Without that you don't have anything to support your claims.

The new owner has no contract with you and therefore owes you nothing and you are also on shaky ground with the person who is selling the business if you have no formal, written freelancer contract. A verbal agreement is hard to prove.

In the future always get everything in writing and agreed in advance before you take on a freelance job.

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