Contract

[redlottie13]

Hi all I recently found a salon to start my self employment but I'm currently in a salon at the moment. New salon were looking at 35 per day and my self employment was due to start 10/1/17. I have spoken to my current salon today and told her I was leaving to which she was gutted (we have a great team) she said she didn't realise how much I was struggling & has lowered my rent to 25 per day. Now the new place is saying they are going to take me to court as I'm in breach of my 3 month notice period! I haven't even started and yes I signed a contract with the start date clearly marked. Can they do this?? X

 

[AcidPerm]

I don't see how they can sue for breach of contract as the contract hasn't started yet. They've got plenty of time to find someone else.

 

[redlottie13]

This is what I thought!

 

[redlottie13]

Does anyone have anymore knowledge please?? I'm anxious now!

 

[VeryBusyBunny]

Depends on all terms and conditions of the agreement.

 

[redlottie13]

It doesn't mention this scenario? Just says 3 month notice of termination of self employment

 

[jbr]

As you've signed the contract, you've agreed to be bound by the terms, and by failing to carry out the commitments you agreed to in the contract, you could be in breach of contract and liable to further action, irrespective of the start date.

I suspect they are unlikely to take action, but I'd suggest you speak to the Citizens Advice Bureau or a solicitor, who can check the contract in more detail and tell you where you stand. Try not to worry too much, I'm sure it won't come to anything!

 

[redlottie13]

As you've signed the contract, you've agreed to be bound by the terms, and by failing to carry out the commitments you agreed to in the contract, you could be in breach of contract and liable to further action, irrespective of the start date.

I suspect they are unlikely to take action, but I'd suggest you speak to the Citizens Advice Bureau or a solicitor, who can check the contract in more detail and tell you where you stand. Try not to worry too much, I'm sure it won't come to anything!

Thankyou! The frustration in trusting my boyfriend to look over contracts as he knows what he's talking about (apparently not!)

 

[jbr]

No problem! I really doubt that they will justify spending the time and expense of pursuing it worthwhile, but the Citizens Advice is free and they can look at the contract and let you know exactly where you stand. [emoji5]️

 

[redlottie13]

Great I sought advise from a friend who thinks it's air tight.... However if they find someone can they really pursue me? X

 

[jbr]

It really depends on what your contract terms are and how well the contract is written. But they would have to pay a solicitor for legal advice, then take you to the small claims court, and what they may get is likely to be limited by the fact you hadn't started working with them, so whether or not they would think it's worth all that hassle for what may not amount to much money being awarded to them (assuming they were successful)... I doubt they would bother - if they did, they would be extremely petty!

 

[AcidPerm]

Just to add, this perfectly demonstrates why you should NEVER sign any contract without having it checked over beforehand by a properly qualified legal expert and not your boyfriend/best friend/mum.

 

[redlottie13]

Just to add, this perfectly demonstrates why you should NEVER sign any contract without having it checked over beforehand by a properly qualified legal expert and not your boyfriend/best friend/mum.

I wouldn't usually but I don't have access and the funds to pay for a solicitor...and my boyfriend deals with contracts daily!!!.... From now on I will be getting legal cover, I ptomise!

 

[Jen889]

Just to add, this perfectly demonstrates why you should NEVER sign any contract without having it checked over beforehand by a properly qualified legal expert and not your boyfriend/best friend/mum.

I think it's also why one should speak to their current salon owner to try and find a better solution before signing a contract at a new place. Sometimes, like this situation, the owner is understanding and will lower the rent :/ most don't want to lose a renter.

 

[redlottie13]

I think it's also why one should speak to their current salon owner to try and find a better solution before signing a contract at a new place. Sometimes, like this situation, the owner is understanding and will lower the rent :/ most don't want to lose a renter.

Yeah I agree... But coming up to Christmas I was extremely worried she would just ask me to leave immediately (as I'm not under contract) x