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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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We have recently terminated our contract with a cleaning company

Resolved Question:

We have recently terminated our contract with a cleaning company who say that we need to pay them for bank holidays which their staff have had, i have never signed a contract for this company but the cleaning company stress that once we paid our first invoice to them (which we have paid many) that is accepting their terms, even though i have never signed a contract with them.
My question is, do i have to pay for these bank holidays, and was i in a contract with them even though i had never signed it ?
Thanks
Jen
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Were you ever shown a contract or told that this would be the case?
Customer: replied 2 years ago.

I did receive a contract by email

Expert:  taratill replied 2 years ago.
Was that in advance?
Are you an individual or a business taking on this service?
Customer: replied 2 years ago.

We are a manufacturing business and i agreed to take them on on 11/08/14 and then i received their contract by email on 20/08/14

Expert:  taratill replied 2 years ago.
So this was before any bank holidays? As you are a business to business relationship it is highly unlikely you will be able to avoid paying the double time if it is contained in the contract. This is because as a business you are deemed to be on an equal footing to the cleaning company.
If you received the contract and had the opportunity to read it and to object to the clause but did not then, unfortunately you will be deemed to have agreed to it and the absence of a signature will not make any difference to that position in law.
I realise that this is not the answer that you were looking for but it is not worth entering into a dispute about this as you are likely to be order to pay the extra money plus the other parties legal costs.
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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