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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I am an IT contractor and have recently had a contract terminate

Resolved Question:

I am an IT contractor and have recently had a contract terminate with no notice due a clause stating unsatisfactory behavior. They are now refusing to sign my timesheet for the 25 days that I was there and the agency is also refusing to pay.
They have claimed that my performance was not as expected and had to warn me on several occasions. I did not receive any formal warning that they would terminate, only on the day before the contract was terminated that they were unhappy with the quality of the work, even though I had been seeking reviews on documents for many weeks.
What are my options, as I need to reclaim my lost wages and am looking at the small claims court, but would like to go in armed with legal clarification that what they did was unfair and unjust.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
If you have not been paid for the work you have done this amounts to an unlawful deduction from wages. You can claim for this either in the county court or in the employment tribunal.
You need to send a letter before action to them and the agency to say that you will claim the payment in the event that you are not paid.
You may have to submit a claim against both parties to protect your position.
If you have any further questions please do ask. If i have answered your questions I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.

Thanks

Can they claim 'lawful deduction of wages' if they believe that the work was not of satisfactory standard, even though I have attended their site every day as requested and had no official deliverables stated in the contract?

Expert:  taratill replied 2 years ago.
No they cannot do that, it would not be lawful to deduct in those circumstances at all. You should write and claim as I have already suggested.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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