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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46146
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I am a self employed dentist I was working for a dental

Resolved Question:

Hi I am a self employed dentist I was working for a dental practice from 8th april 2014-22nd may 2014.
I have still not been paid . I requested a contract repeatedly but wasn't provided .in the absence of a contract however he did write to the local nhs services where he cc's me in to this :
NE London & The City Shared Business Services (4th April) :
“Dear Sir/Madam
This is to advise you that a new dentist will be joining my practice effective Tuesday 8th April 2014. This early start is needed due to the sudden departure of an Associate (Mr M Rom 375284). She will initially cover Mondays & Tuesdays and increasing to a full-time position over the next 5-6 weeks. She will work on a Locum basis until such time as her Performer number can be attached to my contract at which time she will then submit NHS claims under her own contract number.
Her name is***** and she has an active Performer Number 282758.”
confirming that I was working for him on a locum basis. I don't know the exact amount of work done as he refuses to tell me .
on this basis I have quoted him the average £350 pounds.
I cited my resignation on the 20th maY 2014 for the reasons : excessive pressure to provide private work and being forced to do work that is unethical. he ok'd this letter. I gave him 2 weeks notice initially but when I returned to work the following day after my resignation letter he left me a threatening voicemail and then came to confront me .we mutually agreed i would not return. He told me he would deduct 390 pounds re advertising fee which I said I would contest.
I have still had no payment to date. where do I stand and can I get some help writing a letter
before action.
thankyou
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How much are you owed in total?

Customer:

Im not sure he hasn't given me my schedule so as he told the nhs services I am working on a locum basis at £350 a day it works out to be £4550

Customer:

average locum rate is between 300 and 400 pounds a day

Customer:

if i was employed under contract it would be a lot less

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:



  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. You can get a good template here: http://www.which.co.uk/consumer-rights/action/letter-before-small-claims-court-claim

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.


Customer:

thats great thank you

Ben Jones :

you are welcome

Customer:

do you have any idea roughly how much court costs will be ?

Ben Jones :

Let's say you are claiming£4500, this will mean a claim fee of £100, an allocation fee of £40, and a hearing fee of £325

Ben Jones :

the other side could settle before all of these fees are incurred though

Customer:

ok great.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46146
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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