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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46179
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have raised a claim at the county court against the

Customer Question

We have raised a claim at the county court against the company who breached contract on some freelance work my wife did. They offered her a 6 month deal and broke it off after 3. They have responded to dispute the amount. But have written to my wife directly to say they will offer her the remaining 3 months work to avoid dispute, which suggests to me they already know they are in the wrong and don't really have a case.
Our problem is the original 6 month deal was from March - August so she planned for the work to be done then and has other options planned in after August. They have said they want to work the new 36 days offered between August and November which she now will have difficulty fulfilling.
Additionally she would have to go back to working directly for the woman responsible for breaching the deal originally
who at the time was aggressive and rude, my wife worries she could make the 36 days hell for her.
What are our options?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 8 months ago.

Has your wife made a counter offer in relation to carrying out any additional work?

Customer: replied 8 months ago.
No, we wanted to consider options first. She's really very nervous about potentially going back to work for the aggressive director so we need to ensure that doesn't happen.
Could we just reject their offer of the work and go to county court? Or would the court look negatively on us by saying the company tried to remedy their actions by offering the original deal in full?
Expert:  Ben Jones replied 8 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 8 months ago.

Many thanks for your patience. The party in breach of contract would have a duty to try and resolve this, and the wronged party would also have a duty to try and reduce the damages/losses incurred as a result of the breach. However, sometimes that may be impossible and a court would only look at what was considered reasonable on the particular circumstances.

In this case, the company has offered to honour their original agreement however it is not as simple as just them doing that and your wife having to accept it whatever the circumstances. The initial breach may have changed things in a way that make it impossible or difficult to implement such an offer. For example, she has already found other work which she would not have done but for the breach so she would not necessarily be expected to jeopardise that just to resolve the current dispute. Additionally, the breach may have also caused a breakdown in relationship, trust and confidence between the parties so that may prevent someone from going back to finish the work, even if it means reducing the effect of the original breach.

Just whether she still gets compensated for the full 3 months or a court decides that because of this she should only get partial compensation, is something only a judge can decide. And as you can imagine, one person may come to a rather different decision to another based on their interpretation. Nevertheless, there are reasonable grounds to reject this offer and to consider pursuing this for financial compensation in court.

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

Customer: replied 8 months ago.
Hi, sorry I've just got to this response having been in a meeting.
As my wife had originally planned to work the 6 months ending in August but then start her own company start September this obviously leaves no where near enough time to fulfil the 36 days mentioned.
Is it feasible for us to go back to them and say their suggested calendar won't now fit and that we would be prepared for my wife to work days possible in August until that point but after that would agree a pay off obviously smaller than the remaining sum to drop the case.
Should we even entertain a mix of work and pay off, or just go for a pay off to drop this?
They've asked her for proof of earnings to mitigate losses, as she was only ever a 3 day a week freelancer meaning she could theoretically earn in the remaining 2 days a week anyway should this be any of their business?
Expert:  Ben Jones replied 8 months ago.

you can certainly do a mix of work and compensation if you believe that would work for you. Whilst they can ask for mitigation evidence, you are not obliged to provide that now and really it is only going to be officially relevant if a claim is made.

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46179
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 8 months ago.
Hello Ben,
We've drafted a response to the letter from Icon Live offering to honour the original agreement, but now moving the time scales out. the +add files icon is not allowing me to attach the letter is there another means by which I can send it to you?
Expert:  Ben Jones replied 8 months ago.

you can try a third party hosting service like www.mediafire.com

Customer: replied 8 months ago.
the very second I say that it attached. Please see attached. thanks Rob
Expert:  Ben Jones replied 8 months ago.

thank you, ***** ***** is fine, I would probably just add a deadline by which you require a response, so a specific date, say 7-10 days from now

Customer: replied 7 months ago.
Good morning, a quick follow up on this. They've come back and said they still accept no liability and a trying to be amicable. Their offer remains as before and seeing as my wife can only work in August they'll pay for those days but the other 20 days they will not compensate.
Therefore expecting my wife to simply write those days off for their mistake.
They've said this is their final offer and we must reply by end of today to confirm.
I think I know the answer already but do we simply say sorry no and see you in court?
Expert:  Ben Jones replied 7 months ago.

If you are not willing to accept their offer then yes, your only option now i to consider issuing proceedings in court.

Customer: replied 7 months ago.
Thanks Ben, did just that and they've miraculously come back and agreed to our offer.
This will involve my wife having to go back to working for them.
She'll be nervous about potential victimisation after this dispute, is there anything we can do to guard against it etc?
Thanks so much for your advice, it has been solid.
Expert:  Ben Jones replied 7 months ago.

Difficult to safeguard against this, it's not like you can sign some sort of agreement to cover this, so she just has to go in and see how it goes, if things turn sour then she can potentially use this victimisation to terminate the contract early and again consider seeking compensation for the remaining time.

Customer: replied 7 months ago.
Cheers you've been great
Expert:  Ben Jones replied 7 months ago.

You are welcome

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