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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46780
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If a contractor has lied to you can you terminate the contract

Resolved Question:

If a contractor has lied to you can you terminate the contract and dis apply other terms even if the original contract is silent on this
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What was the nature of the lie? Please note in am going offline as have an early start but will pick this up in the morning, thanks
Customer: Ben
Customer: Ben We use a cleaning contractor. They have started increasingly inconsistent about their employee arriving for work with us. They have been stating that our cleaner is ill when, in fact, they have been sending her to other jobs.
Ben Jones :

Thanks, XXXXX XXXXX other terms would you like to disapply from the contract?

Customer:

Potentially notice and restrictive covenant around hiring the underlying cleaner direct

Ben Jones :

The key in such situations is whether the other party has breached their part of the contract, in a way that goes to the root of the contract (i.e. a serious breach), that allows you to treat the whole contract as void. If you have agreed specific times/dates for the cleaner to come in and work for you but they have failed to do so, without good reason, then you can claim that they are breaching the specific terms of the contract and that you should be able to terminate their contract with immediate effect for such a breach. If you have evidence that they are lying to you and that there is no good reason for not adhering to the contractual terms, then you can also claim that they are breaching the mutual trust one would expect to find in contractual relationships and also allow you to cancel. So these are all reasons you may use to treat the whole contract as void, including other terms within it. The issue is that this is just your argument and if the other party disagrees, they could potentially challenge this as a breach of contract on your part and take the matter further. If such a dispute arises, then only a court can decide who was right and who was wrong and what you could have done in the circumstances. Contract law is uncertain in this respect because whilst certain principles would apply and ‘generally’ you can raise the arguments I mentioned, each situation will depend on its own circumstances and facts and you will never have 100% certainty when you decide to cancel, as it can always potentially be challenged by the other party.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

Ben that is really helpful - thank you

Customer:

Apologies but it appears that or some reason I can't rate you until you reply

Ben Jones :

sorry not sure why that is, maybe you could try again please, thanks

Customer:

It now says that you have not finished answering so I can't rate you.....

Ben Jones :

hmm, the option is enabled, you could just type the rating instead and that should do it, thanks

Customer:

Still doesn't seem to be working. I would rate as excellent service. Many thanks again for your help

Ben Jones :

Much appreciated, thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46780
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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