Employment Lawyers Can Answer Your Employment Law Questions
Thanks, XXXXX XXXXX other terms would you like to disapply from the contract?
Potentially notice and restrictive covenant around hiring the underlying cleaner direct
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.
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
Ben that is really helpful - thank you
Apologies but it appears that or some reason I can't rate you until you reply
sorry not sure why that is, maybe you could try again please, thanks
It now says that you have not finished answering so I can't rate you.....
hmm, the option is enabled, you could just type the rating instead and that should do it, thanks
Still doesn't seem to be working. I would rate as excellent service. Many thanks again for your help
Much appreciated, thanks