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Alex J.
Alex J., Solicitor
Category: Employment Law
Satisfied Customers: 3496
Experience:  Solicitors 2 years plus PQE
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I have used a cleaning company for 3 years and I pay them monthly

Customer Question

I have used a cleaning company for 3 years and I pay them monthly for management and insurance and pay the cleaner sourced by them personally each week.
The cleaner is leaving and I do not wish another cleaner. I have infromed the company of this and they stated that they will cease the arrangement immediately.
Now they want me to pay 6 weeks as notice however I have not signed a contract at any point. I have been sent a list of their terms and conditions but feel pressurised to pay this money. I cannot recall these terms and would not have agreed to a 6 week notice period if I had been asked. Am I bound into this "contract" even though I have not signed anything?
Thanks
Simon
Submitted: 2 years ago.
Category: Employment Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Is there anything on an invoice or website that you were referred to that contains these terms and conditions?
Kind regards
AJ
Customer: replied 2 years ago.

Dear AJ,

We do not receive regular invoices as everything is paid by direct debit to the managemnet company and the cleaner is paid weekly in cash.

The company does not have a website.

Many thanks

Simon

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
You cannot be bound by terms unless you were made aware of them before entering into the contract. They cannot impose a six week notice period on you without making you aware of it first.
If you refuse to pay you run the risk of then disputing this in a court claim that you would obviously have to defence in that this term was not incorporated into your agreement.
Is there any possibility to negotiate to say two weeks notice?
Kind regards
AJ
Customer: replied 2 years ago.

I have not signed any terms or contract and this is the aspect that I am disputing with Broomsticks. I will happily defend my positition in court if required however am I correct that for me to be bound by their terms and conditions I should have seen and read them and they should have something in writing to confirm that I have seen, read and aceepted them?

Thanks

Simon

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
You do not necessarily have to have read them but you have to have been given an opportunity to inspect and be made aware of the otherside's intention to incorporate them into your agreement.
I would personally not bother with the court proceedings. If you can - settle this asap - you will never be compensated for the time you lose dealing with the claim. How much is 6 weeks payments?
Kind regards
AJ
Customer: replied 2 years ago.

I am not planning to go to court as I am the person who is being pursued by the cleaning company. I have not signed a contract and have not been provided with these terms prior to this point.

Are you saying that I should just pay the company what they are demanding? If so under what basis could they enforce the terms if I have not accepted the terms or signed a contract and there is no evidence that I have even seen these or accepted them?

Thanks

Simon

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I am not saying you should just pay them 6 weeks.
What I am saying you should negotiate - when does the cleaner leave exactly?
Kind regards
AJ

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