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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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A client terminated the cleaning contract with our company

Resolved Question:

A client terminated the cleaning contract with our company on 4/4/16 giving one month notice, have had issues with the client over TUPE, on 29/4/16 our company decided to end contract with 3 days of notice remaining can the client claim breech of contract even though contract had been terminated?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello did the contract allow you to terminate early and if so with what notice?
Customer: replied 1 year ago.
Our contracts are standard contracts with either side giving one months notice, as stated client terminated contract on 4/4/16. Refused TUPE for operative on site, and on 29/4/16 he asked for operative to be removed from site, as it was a bank holiday and there was no work on 2/5/16 leaving 3 days of termination we ended contract early than termination date of 5/5/16
Customer: replied 1 year ago.
Are we as a company in breech of contract
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was travelling earlier and have only just got to the office. Technically you could be deemed to have acted in breach of contract because you did terminate the agreement earlier than the official end date. However, in the event of a breach the other party can only really pursue you for losses which have been incurred as a result of that breach. In the circumstances, they are only really looking for any losses they would have incurred in the last 3 days – after all the contract was already being terminated and there were only a few days left. So it is not like they can claim ongoing losses past the agreed termination date and they will only be claiming for the potential losses for those 3 days. So even if you had acted in breach of contract, your potential liability in the circumstances would be relatively low and it would probably not be worth for them to even take it through court. This is your basic legal position. I have more detailed advice for you in terms of the options you have should the initiate a claim, 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, there I no extra cost and 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: 46764
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.
Thank you. If they were to issue a claim, this is most likely going to go in the Small Claims Court. There is nothing stopping them from doing that but as mentioned it may be pointless because the potential compensation will be relatively low. Your main defence would be that the contract was already being terminated and only had a few days left. Therefore, even if you had terminated earlier than the agreed end date, the potential losses for the other side were limited to those 3 days. As such any compensation will be limited to such losses and will have to reflect the potential costs they may have incurred from not having you for those last 3 days. Even if you lose the claim, you will not be liable for the other side’s legal fees because in the small claims court each side pays its own legal fees.

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