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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48161
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been removed off a project mis conduct. Will they have to pay my wages fo

Customer Question

I have been removed off a project for gross mis conduct. Will they have to pay my wages for the period i worked in august
There was a week investigation and i was still working though this.
I am owed about £2,500 in wages
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Were you an employee or self employed?
Customer: replied 2 years ago.

i was a ltd company working as a contractor in a financial service role

Expert:  Ben Jones replied 2 years ago.
Does the contract state they could refuse to pay you in such circumstances?
Customer: replied 2 years ago.

There is nothing i can see that I can see apart from 'without penalty' see below ??

All i want is to be paid for the work i have done , i was there 6 months been paid for 5 months

I could appeal the quick process of dismissal my main concern is payment of work done in August. I was still working when they were investigating. had they sent me home when they were investigating as a contractor i wouldn't have got paid but they kept me working

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We may terminate this contract immediately by written notice and without penalty if you and/or any personnel are guilty of any professional default or misconduct affecting the business of Deloitte or are guilty of conduct tending to bring you, any personnel, Deloitte or any of the clients of Deloitte into disrepute or causes or is likely to cause Deloitte to be in breach of its independence, conflict or other regulatory requirenents from time to time.

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Expert:  Ben Jones replied 2 years ago.
Ok you would be entitled to be paid for all work done up to the date of dismissal. There is no clause which would allow them to withhold any monies owed for work already completed and even though they may be able to terminate you with immediate effect it means you will not get a notice period or payment for any future work. However, work already undertaken should still be remunerated as normal.
Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. 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 for its 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 for legal 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 www.moneyclaim.gov.uk. 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.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Could just glance over the termination bit and confirm that doesn't change anything. 11.3 was what i was dismissed for

11. TERMINATION

11.1 We may terminate this Contract without notice at the Client’s request or in the event the Client terminates our contract for any reason whatsoever or that you or the Personnel are the subject of bankruptcy or insolvency proceedings or calls any meeting of its creditors. Alternatively, we may terminate this Contract at any time on 5 days written notice to you. Any expenses incurred after notice of termination will not be paid unless prior written approval is obtained.

11.2 Should any action taken by you, any personnel or a third party create a situation which amounts to a professional conflict of interest under the rules of the professional and/or regulatory bodies regulating the activities of the Deloitte Parties, Deloitte may terminate this Contract without penalty on written notice.

11.3 We may terminate this contract immediately by written notice and without penalty if you and/or any personnel are guilty of any professional default or misconduct affecting the business of Deloitte or are guilty of conduct tending to bring you, any personnel, Deloitte or any of the clients of Deloitte into disrepute or causes or is likely to cause Deloitte to be in breach of its independence, conflict or other regulatory requirenents from time to time.

11.4 Any provisions of the Contract which either expressly, or by their nature, extend beyond the expiry or termination of this Contract shall survive such expiration or termination.

5 Without prejudice to other rights, Deloitte may terminate this contract in circumstances where the named personnel are not available to provide the Services to Deloitte and any replacement staff proposed by the Company in accordance with
Clause 2.5 do not meet the approval of Deloitte.

Expert:  Ben Jones replied 2 years ago.
Hi no it does not change anything, you would still be entitled to payment for work already undertaken