, my name is ***** ***** it is my pleasure to assist you with your question today. What are you hoping to achieve - get paid remaining £1,000 (or is it £500 as they have offered to buy out the remainder of the contract)?
I think I would be happy if I can get paid £750-£800 more, of course get paid remaining £1,000 is the best achievement.
buy out is £500 & I would like to get £250-500 more. (in total £750-£1000 of unpaid salary) The contract document says, remaining 50% will be paid if I complete the entire work. There are many delays in processing of my work in the company side. I submitted all my works within deadlines stated in the contract document. However, the response from the company was always in massive delay (schedule of the work from the company side is only written in a guidebook , not in the contract document though). I would be happy to do remaining work company to receive full payment, but the employer decided to terminate it simply because they changed the project plan.
Besides, somewhat the company name changed while I was not informed anything.I made contract with mouseion professors limtied. http://www.mouseion.com/en/homeSomeone also working company told me that there has been some upheaval last year and many its staff left the company.
Then now a person responding to my enquiry seems working different name of the company. this one http://www.macat.com/
sorry I was offline by the time you replied earlier. Did the company have the right to cancel the contract and if so on what terms - was it just the £500 buyout clause that allowed that?
It's not written in the contract document.
Please sign; scan and return the form by email. Doing so acknowledges acceptance of the terms set out in this Statement of Work and receipt of our Associate Pack containing instructions the project. Once you have returned this form, you are free to begin the project.
Agreed fee completed analysis: GBP 2000*
And consultancy agreement... about termination of work
1.1. The Company shall be entitled to terminate this Agreement at any time by written notice to the Consultant forthwith (and without payment in lieu of notice) if the Consultant:
1.1.1. fails to carry out the Services or any part thereof to the Company’s reasonable satisfaction;
1.1.2. commits a breach of any of the terms of this Agreement; or
1.1.3. is unable, by reason of sickness, incapacity or otherwise, to provide the Services (or to provide a substitute satisfactory to the Company) continuous period of 30 days or days in aggregate during any period of 12 calendar months.
1.2. In the event of termination in accordance with Clause 8, then without prejudice to any other rights the Company may have in respect of the breach, the Company shall be entitled to withhold all further payments whether or not these may already have accrued.
1.3. Save as provided Clause 8.2, termination of this Agreement shall not affect the rights of any party which have already accrued and which continue after termination.
Ok it would appear that they did not have the right to cancel the contract according to its terms. So unless you had breached the contract first, by not adhering to the agreed terms yourself, they would be the ones in breach. You could therefor pursue them value of the contract, in this case the remaining fees due under it.
It is recommended that the process follows these steps:
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.
Hope this clarifies your position? If you could please let me know that would be great, thank you
1.1. In consideration of the Consultant performing the Services provided in the agreed Statement of Work, the Company shall pay the Consultant, when commissioned, a fee that will be specified in that Statement. Details of payment terms will also be set out in each Statement of Work.
1.2. The Consultant shall submit invoices setting out any value added tax (if applicable). The Company shall settle such invoices within 30 days of receipt.
1.3. The Company is entitled to deduct from any sums payable to the Consultant any sums that they may owe the Company or any of its Group Companies at any time.
Thanks, ***** ***** the company has a right to deduct sums of the salary. Do you think are the company still breaching the law in that sense.
but you do not owe them money?
Ah, got it. Of course no.
yes, it is only f you owe them money that they can deduct it from money they owe you
Many thanks advice, I think I will send an informal reminder by email and see how it goes.
you are welcome, I hope it gets you the result you require
I hope so & thank you very much indeed.