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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am employed part-time writing work company providing

Resolved Question:

I am employed part-time writing work company providing online education service . I started my work at September 2013 and finished it before the deadline of my writing 31 December 2013. The employment contract says 50% salary is paid when I submit the first draft of my work & the payment was made on due course. Remaining 50% will be paid when I complete all revisions of my writing & reviewing other researcher's writings. However 1 year no body contacted to complete the remaining work. I made an enquiry then & the employer said to me that my work is decommissioned because of the company's need & change of the project. It is acceptable that if my writing did not pass the academic review process & the company decide to terminate my work. But the employer confirmed that it's because of the company's change of the project and not because of the quality of my work. The total payment should be 2000 and so far I receive £1000. The company offers buy out contract fee of £500. However, I am not so much happy about that no body contacted me such a long time and did not explain that my work was decommissioned. I don't know how should I respond to this matter, and it will be helpful if you can suggest how should I respond to my employer.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

, 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.
Someone 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

Ben Jones :

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.

  • You agree to author an analysis of, Gluck, Japan’s Modern Myths: Ideology in the Late Meiji Period, amounting to approximately 13,500 words, divided into twenty-seven 350 to 500-word mini-analyses written in accordance to provided outline content maps.

  • In the interest of quality, we ask that you work the equivalent of 15 full days over the allotted duration of the project, dedicating yourself to the utmost of your ability. You undertake to read the book in full that you have agreed to analyse, together with all the supplementary material required by the content.

  • We ask that you conclude the project in accordance with the pre-arranged submission date.

  • As part of the overall agreement, you will be asked to peer review one other submission in your field, and to make edits to your submission based on the comments of peers. You will devote 1-2 day’s work in late September or December to carry out this process.

  • At the conclusion of your assignment you will be asked to fill in an online survey which will help us improve our product and the efficiency of the service we offer our associates. You agree to conscientiously complete this survey within a week of completing the final changes to your text requested by your referee.

  • You agree to abide by and respect the confidentiality terms outlined in your signed NDA and Contract. This packet is exclusively personal viewing and use. It should not be distributed without prior written consent from Mouseion.

  • You agree to complete your analysis and participate in the referring and editing process outlined in your Guidance Pack. You further agree to complete all the additional steps set out in the checklist that accompanies the Guidance Pack.

  • You agree to remain accessible and responsive via email, and if required, via telephone.

  • Payment analysis will be made in two installments, with 50% wired to you upon submission and after some preliminary checks of the completed assignment. You may be asked to make some changes. The remaining 50% paid after the completion of any changes that may be requested as a result of the peer review of your work. Please allow 3-5 weeks invoices to be processed from time of receipt.

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 this is the email I got from the company,

As you may already know, we recently conducted a thorough, top-down review of our quality assurance and production systems to ensure that we move forward with our library in the most effective manner possible. I would like to apologise delays that you may have experienced as a result of this.

One of the most important conclusions that has been drawn from the process is that, in line with the evolving requirements library, some analyses currently in our system need to be decommissioned. Your analysis of Gluck, ‘Japan’s Modern Myths', falls into this category.

Your analysis has been delivered, but has not yet passed our Academic Excellence criteria.

Normally no other fee would be due to you until you fulfill all of the considerable remaining obligations you agreed to when signing your Statement of Work, such as peer reviewing another analysis submission in your field, making edits to your own submission based on the comments of peers, senior academics and editors, an associate survey, script review of 27 one-page scripts and review of 27 mind maps.

However, I would like to offer you £500 as a contract buy-out on the understanding that you will not be required to do any more work on the analysis.

Assuming this is acceptable, your and Mouseion’s rights and obligations under the Statement Of Work covering this analysis will terminate. I would like to draw your attention to the fact that the Consultancy Agreement you signed with Mouseion states in Clause 8.4 that all intellectual property rights in the work created by you so far reside with Mouseion and that you waive all moral rights in your work. This means that you cannot use these materials yourself without prior consent from Mouseion, nor can you use copyright to prevent Mouseion from using or adapting your work in the future. Should Mouseion choose to adapt your work in any way we will, of course, give you the option of being either credited or not credited work.

We very much appreciate your efforts so far and would like you to know that Mouseion will continue working with a significant number of our associates. While I can make no immediate guarantees as to further commissions, you certainly fall into this category of associate.

Please supply me with an invoice for £500 buy out of your contract using the attached invoice template. The invoice should include the words ‘Contract Buy Out Fee’, together with the title and author of the work in question.

We would like to thank you efforts and will, of course, look to work with us again in the future.


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.

Ben Jones :

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:

  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 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 action.

  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 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.

Hope this clarifies your position? If you could please let me know that would be great, thank you


  1. FEES

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.

Ben Jones :

but you do not owe them money?


Ah, got it. Of course no.

Ben Jones :

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.

Ben Jones :

you are welcome, I hope it gets you the result you require


I hope so & thank you very much indeed.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44365
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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