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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have my own limited company purpose of providing

Customer Question

I have my own limited company for the purpose of providing consultancy services. I was contacted by an employment agency about a job with a client of theirs. I went through the clients recruitment procedure of phone interview, test, face to face interview. I was emailed by the agency to say I had been successful in obtaining the position and they also sent me a contract between my company and theirs for me to supply services to the client and the rate of pay, start date, notice required etc. signed by the agencies representative. I accepted verbally and signed the contract and returned it to the agency. Meanwhile I gave notice at my current position. The day before I was due to start work the agency advised me that their client was not going ahead. I feel the agency should make payment in lieu of the notice period but they have refused. How can I proceed?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Was the job conditional on their client going ahead with it? Also was there a notice period for termination?
Customer: replied 1 year ago.
the contract does not say anything about it being conditional. There is a notice period stipulated of 2 weeks
I can email a copy?
Customer: replied 1 year ago.
Here is a copy of the contract
Expert:  Ben Jones replied 1 year ago.
Thanks, ***** ***** a look
Expert:  Ben Jones replied 1 year ago.
They refer to other Terms and Conditions, do you have these?
Customer: replied 1 year ago.
yes
Expert:  Ben Jones replied 1 year ago.
You do indeed have a case t ask for some compensation, which generally will be for all or part of the notice period. You had a contract in place and this was breached because the other party did not go ahead with it. You had relied on that contract to bring your current assignment to an end and as such have suffered losses as a result, for which you should be compensated. Whether you will get the full contractual notice or part of it is something really only a court can decide but something should be due in the circumstances. For that you could consider making a claim in the small claims court. This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. 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.
Customer: replied 1 year ago.
If after sending reminder letters and final warning, I still need to go to the small claims court, should I be represented or is it something I can do myself? Would the amount claimed would be 10 days @ £296.61?
Expert:  Ben Jones replied 1 year ago.
The small claims court is designed for parties who do not want representation so no, you can do it all yourself. And yes, as an initial claim you would be looking at the amount you would have received during your notice period
Customer: replied 1 year ago.
ok thats great thanks
Customer: replied 1 year ago.
Sorry, just had a look at the www.moneyclaim.gov.uk page, if it comes to it, would I register as an individual or as an organisation?
Expert:  Ben Jones replied 1 year ago.
Hello, as you are claiming as a limited company it would be an organisation

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