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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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In January I approached a company to offer them my services.

Resolved Question:

In January I approached a company to offer them my services. I am a doctor, they are an online pharmacy. We discussed and agreed by email on what I would do for them and what they would pay. They emailed me that I would initially do 8-12 consultations for them per day, and that this would increase. I would also cover the other doctor's work when he was sick or on holiday. They would pay me £8 per consultation. I accepted this and they drew up an agreement. The agreement states that I would provide medical services and review patients histories. It does not mention volume of work. It has a termination clause of three months notice. They have terminated after 6 weeks. They have agreed to pay me for work done but not for any of the notice period. They are saying that because the volume of work is not actually stated in the agreement, they can just give me no work. My argument is that their email offer formed acceptance of the role and does count. The work is available, they are just not offering it to me.
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thanks for your question. My name isXXXXX can assist with this.

tdlawyer :

I agree with you about this. The point is, that they have to give you notice. Within that notice period, you would have done "x" number of consultations. You didn't get to do them, and as such, they are in breach of contract of agreement and you suffer a loss as a consequence.

tdlawyer :

The fact the agreement does not state a minimum number or maxiumum etc. is irrelevant.

tdlawyer :

The issue is what financial loss flows from their breach of agreement, and the answer is that you would have done an average number of consultations and earned a certain figure. You're entitled to that figure for the 3 month notice period.

Customer:

Thank you, XXXXX XXXXX the volume is not stated in the actual agreement?

tdlawyer :

Yes, that's right.

Customer:

The other thing they are saying is that there is a clause that says 'This agreement and the documents referred to in it constitute the whole and only agreement between the parties relating to the subject matter of this agreement' and so the emails prior cannot be used.

tdlawyer :

That would just make the figure certain, but you don't have that, so the Tribunal or Court would have to do the best it can.

tdlawyer :

That's likely to be correct - but that doesn't alter the point that you were, on average, doing 8-12 consultations a day.

Customer:

I see, so it is the volume that they gave me to start with that counts, not the email prior?

tdlawyer :

My suggestion to you is to consider brining a small claim for the sums due to you for the three month period. I'm guessing this is c £5,000 or so.

tdlawyer :

Yes, because they dont say they have the right to give you nothing, which would be important, but rather they were giving you a certain number. There is no reason to believe that would have changed.

Customer:

He says that if I start a small claim, they will bring their hot shot lawyers and that will cost me a fortune

tdlawyer :

Costs are not awarded on the small claims system. It will only cost you the court fee!

tdlawyer :

It's a scare tactic.

Customer:

That's what I told him, he needs better advice! One last question

tdlawyer :

:)

Customer:

He didn't actually formally say that he didn't want my services until 07/05/14, prior to this he just kept saying that it would be his preference for me not to work with them any more and could I come up with a finalising offer. My argument is that from when they last used me (mid-March) to when they gave me proper notice to quit (07/05/14) plus three months notice period is what I shall claim for. What do you think?

tdlawyer :

Yes, you're saying it was a termination in effect when they stopped giving you work. That should be a decent argument, but either way, you're looking for 3 months notice pay in any event, regardless of the start date of it.

Customer:

Thank you, XXXXX XXXXX brilliant. Ironically it was using JustAnswer that made me offer them my services in the first place. I thought to myself 'Doctors should be giving Medical advice on line'!

tdlawyer :

Lol :) It's the future I think to be honest! The overheads are cut dramatically!

Customer:

Cheers, XXXXX XXXXX you :-)

tdlawyer :

Thanks!!! :)

tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience in employment related issues.
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