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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 10917
Experience:  30 years experience as a solicitor.
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The company my wife works freelance breaching contract on an

Resolved Question:

The company my wife works freelance for is breaching contract on an agreement to do 6 months work 3 months into the agreement. She has invoices for outstanding work already done, do we invoice this separately and then raise a new invoice for the remaining period which will then be the value we pursue them for using the money claim service?
Submitted: 11 months ago.
Category: Employment Law
Expert:  JGM replied 11 months ago.

You can invoice everything together of you can do it separately. If they are going to pay for the work actually done then you can deal with that separately if you wish but it really doesn't matter. Do have any specific concerns? When is payment expects for the work done? If that is likely to be soon then get that money in and sue for the balance. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 11 months ago.
Hi, Bear with me this might be a bit of a long winded reply!! But yes I do have specific concerns - I don't know whether you can see my previous conversations on here? But I had a conversation on here last week with another solicitor. My concerns relate to our complaint with the company in question not being under pinned by an actual employment contract, so we want to make sure everything is right.
The company have come back saying they will pay any outstanding invoices for work already done, but I wanted to be sure I wasn't being complicit in agreeing to anything with them if we're then going to drop another invoice into the equation for the remaining 3 months of the 6 month period they're trying to get out of/ignore.
If we're able to do so we'll invoice for the work done in June which is around £1600 on one invoice, but then add the remaining days in June, July and August not worked but would be if they upheld their offer on a separate invoice?
Does that make sense?
Expert:  JGM replied 11 months ago.

Thanks for your reply. It's not the invoice that matters but the basis on which the payment is tendered. If they make a payment for work done and say that the payment is in full and final settlement of all sums due then you cannot accept the payment as that would bar you from suing for the balance. So you should either sue for everything now OR wait until they pay the bit they aren't disputing and see whether they attach any conditions to that payment.

Customer: replied 11 months ago.
Morning, sorry for delayed response. By that regard then would the best thing to be to send one email with 2 invoices, one for the work done and the other for the balance days they are trying to get out of. Making it clear that we will not accept the payment against work already done as the matter concluded and pursue them for the balance legally?
Expert:  JGM replied 11 months ago.

Yes, you can do it that way.

Customer: replied 11 months ago.
Thanks. One last query and I'll be on my way.
Just wanted a 2nd opinion - we have a number of emails where they offered a 6 month deal and also one where my wife specifically agrees a lower daily rate because of the 6 month offer. They replied saying 'all agreed here'.
They didn't actually give a proper written contract but we have all the emails and she's already worked and be paid for the first 3 months meaning they've accepted what is happening.
It's only now they are saying that they didn't give a proper written contract and its therefore not valid.
Just want to get your opinion we have enough to make a small claim?
Expert:  JGM replied 11 months ago.

The email correspondence is sufficient for you to make a claim. The evidence of a lower rate for a longer contract is very relevant.

JGM, Solicitor
Category: Employment Law
Satisfied Customers: 10917
Experience: 30 years experience as a solicitor.
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Customer: replied 11 months ago.
Thanks

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