My employer canceled a self employed contract which stipulated I was entitled to 3 months notice.

11th Jul 2019

My employer canceled a self employed contract which stipulated I was entitled to 3 months notice.  My employer said he could only afford 1 months notice, but could pay the remainder, only if I could work the remaining 2 months notice period over 15 months it would take him to pay me the money owed. He would only be able to afford to do this if I could support his clients who would pay their support contracts and thus he would be able to pay me the money he owed.

Me being a good man not wanting to see him go banckrupt, helped him out and agreed to the repayment arangement.

I have since found out that he did have the means to pay me and he lied to me to get me to enter the new agreement.

My question is; is the new agreement valid as he got me to agree under false pretenses? OR does he owe me the complete amount without me needing to continue to support his clients?

CATEGORY: Employment

LOCATION: DEVON

1 answer
  • Curwens LLP

    I would suggest reverting to the original agreement to see whether there are any provisions that govern how any changes to the agreed terms can be effective, whether they need to be in writing etc. Secondly, if you have agreed the changes, as long as they are in line with how variations take effect, they may be potentially legally binding between you both. A grey area as to whether the variation has taken effect is due to your sugggestion that you were effectively made to enter into the alternative agreement on the basis of a misrepresentation that you could not be paid. This could well render the variation void in which case there may a breach of the agreement in respect of the notice obligation. The course of actioin would be a claim for breach of contract.

     

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