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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47351
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Jones - I am an IT consultant, I have started

Customer Question

For Ben Jones - I am an IT consultant, I have started contracting through a mentoring and coaching company who provided me with training in exchange for 15% of my earnings on the first 65 days and 10% on the remaining of the contract, including any subsequent renewals. I don't feel it's fair for them to get 10% of my daily rate forever, given they price the total cost of the services they provided at £4000 + vat. Is there a way to keep working with my current client and not having to pay this company 10% forever?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello again, I will paste the new quesiton you asked so i can refer to it here: Hi Ben, I'm sorry I am replying only now. The possibility of being hired as a permanent employee has arisen in the last few days. My question then would be, how would BITE know if I keep working as a contractor with my actual client or become an employee? Could they force me to share this information? Or worse, could they take me to court even though I have become an employee?Also, if I worked through an intermediary company (some sort of agency) with the same client, would the same apply?
Expert:  Ben Jones replied 1 year ago.
Hi, they may not find out - it will only happen if either you or someone in the client tells them of that. Otherwise, there is nothing that would immediately distinguish you as an employee rather than a contractor. You cannot be forced to share this information though. They can ask, you can refuse to answer if you wanted to. As to going to court they can only do that if you had breached the restrictions in the contract and even i they do so they would need to justify that what they are doing is reasonable and that the restrictions were reasonable and enforceable - that may not necessarily happen. Working through an intermediary could be an option but if the restriction is on you working with the client overall, that option may still be caught by it. All of this depends n how intent they are on actually going to court over this because that is the only way they can enforce it - many companies make the threats but never go that far, it is too much time, hassle and expenses. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
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Customer: replied 1 year ago.
Hi Ben, thanks for your reply. You are confirming the whole thing is a bit nebulous, and boundaries are not really clear here, which is what I thought in the first place. If I have any further question I will get back to you within the next 7 days. Thanks for your help.
Expert:  Ben Jones replied 1 year ago.
I am afraid it is the case as such restrictions are often down to the courts to interpret their application and decide on enforceability , hence the general uncertainty
Customer: replied 1 year ago.
Can anyone force me or my client to share information about my employment status?
Expert:  Ben Jones replied 1 year ago.
Not unless a court forces you to do so
Customer: replied 1 year ago.
But if someone wants to take me to court, they should have clear information about it before going to court, am I right?
Expert:  Ben Jones replied 1 year ago.
They can make a claim for anything, but they will not succeed unless they have a clear and reasonable case
Customer: replied 1 year ago.
Question about the small claims court. I remember we briefly talked about it and you said everyone pays for their own fees. However in some websites (ex. http://www.howtotakesomeonetocourt.info/joomla/small-claims-court-fees.html) it says that whoever is taking someone to court can have their fees back if they win. Is that the case?
Expert:  Ben Jones replied 1 year ago.
These are court fees, not legal fees. Court fees are the fees you pay to issue the claim, legal fees are fees you pay for legal assistance, such as solicitors' fees or barristers' fees. So if someone makes a claim and wins they can ask the defendant for the court fees, but not for the legal fees. The court fees will be much lower than the legal fees anyway so for a claim in the small claims court the court fees will not be a huge sum, maybe a few hundred at most
Customer: replied 1 year ago.
Also, again on sharing my employment information. Is my accountant allowed to share my employment details with anyone (except in case of a court order)? Can any private entity ask him to share information about myself and my limited company (except for the ones that are already publicly available)?
Expert:  Ben Jones replied 1 year ago.
Your accountant would have duties under data protection regulations not to disclose personal information about you like that unless required by law, or with your consent
Customer: replied 1 year ago.
Would a court claim result in my criminal record?
Expert:  Ben Jones replied 1 year ago.
No this is a civil matter, not a criminal one

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