I am self employed financial adviser in the UK. My notice period ended on Friday but my employer has stated they are still holding me to my contract even though i have met the terms of the contract relating to termination. The contract clearly states one months notice which was accepted at the time.

Can they legally extend my notice period without any form of legal correspondence? Normally you can google most things but i haven't found anything on google which covers an employer trying to hold someone to a contract once the notice period has been in force and i was only made aware of this on the last day of my notice period to make matter even more messy.

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    what makes you think they can? Was all this in writing, or verbal? Lastly, what are they trying to hold you to? (Sometimes contracts stipulate things like non disclosure that carry on after termination). – Kilisi Sep 2 '18 at 9:50
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    If you want certainty about this situation, you need to bring your contract in front of a lawyer, not some people on the internet. We don't know your contract, so we can't really help you out beyond saying "they probably can't do much". – Erik Sep 2 '18 at 10:10
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    How can you be both "self employed" and have an employer? – Philip Kendall Sep 2 '18 at 11:02
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    @PhilipKendall as per kilisi i am a sole trader with a Consultancy agreement which sets out the terms of my work with them. – hsb2010 Sep 2 '18 at 11:17
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    So they are your client, not your employer. That's a very different status under UK law, even if a contract is involved in both cases. – Philip Kendall Sep 2 '18 at 11:26

Can they legally extend my notice period without any form of legal correspondence?

No, they're bluffing, but depending on the contract there may be things which carry over for a timeframe like non disclosure or similar. So read the contract carefully and make sure you're in full compliance.

Particularly in the financial industry it is very important to make sure everything is aboveboard.

What to do?

If possible do NOT enter in to any dialogue on this, that just gives it credence that it shouldn't be given. If forced, tell them to put it in writing and you'll look in to it later. That puts the ball in their court and you can move forwards with whatever eventuates.

Don't jump the gun and waste money on legal advice for empty threats, you will know when you have it writing whether legal assistance will be needed or not. The easiest way to defuse a bluff is to ignore it and pass it back.

Collect your final payments if you haven't already, unless there is an issue collecting I would ignore the rest.

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    Thanks for this reply. All i have done was at close of business on my last day is write an email to state that as far as i am concerned i am not under contract anymore. The only provisions i am still abiding by are those post employment as set out in my contract. – hsb2010 Sep 2 '18 at 11:25

If you were a "self employed financial advisor", then they are not your employer. It's the essence of being self employed that they are not able to give you orders.

The notice period would be part of your contract, and therefore cannot be changed without your agreement. So they are bluffing.

I would write a letter and tell them that due to them stating they are holding you to your contract, you completely reject having any contractual obligations to them, and you demand that they send you a letter as soon as possible affirming that you have no contractual obligations.

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