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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47417
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I have a cleaning business and supplied staff at a company

Resolved Question:

i have a cleaning business and supplied staff at a company for the past year, they have poached 2 of my staff, i have pulled out and said i wont supply any staff to them but have verbally given them 1 week notice with conditions, they wont accept the conditions , where do i stand?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Was there a specific contractual restriction preventing them from poaching your staff?

Customer: replied 1 year ago.
the company doesn't have a contract but my staff are in a contract
Expert:  Ben Jones replied 1 year ago.

So there was no direct contract between you an the company that prevented such poaching?

Also what conditions have you proposed and what is the notice you must give in the event of termination?

Expert:  Ben Jones replied 1 year ago.

I will not be able to call until tomorrow, we can either do that or continue in writing here

Customer: replied 1 year ago.
am i under any obligation to give the company any notice? - they owe me £2,500 for last month which should have been paid last week - they will owe me £3,000 up to last week and if i send staff in this week it will be another £1,000
i have asked them to agree my terms whereby they pay the £2,500 tomorrow and that they do not approach my staff within the last week of cleaning , i.e. this week, and that the final payment is due this weektheir reply was " i dont accept your position, you have unreasonably given one weeks notice, you can justify it however you wish, whether you are legally in the right will determined by what you do next, the ball is in your court. i expect your cleaning staff tomorrow and we will part without a very lenghtly and costy argument."
Customer: replied 1 year ago.
have i unreasonably given 1 weeks notice ? after they have poached me staff ?-- my other staff dont wish to clean in the premises as they are being approached daily to go and work privately for the customer and they feel on the spot !
i know they are desperate for us to clean tomorrow as they have customers out and in the cottages and need my staffi verbally said i would give a weeks notice as i am a decent person but am questioning why they wont accept my terms under the conditions they have put me in
Customer: replied 1 year ago.
i would appreciate your call as i am expected to send staff there tomorrow morning at 9am
Customer: replied 1 year ago.
could they counter claim me for the fact that i have verbally said i would send staff there (and emailed to say i would send staff if they agreed to my terms?)
Customer: replied 1 year ago.
there is no contractural agreement with the company but we have cleaned for them for 3 days a week for the past year . nothing in writing
Customer: replied 1 year ago.
sometimes it is 2 x a week , they email me on a weekly basis what their requirement are
Customer: replied 1 year ago.
are you still there?
Expert:  Ben Jones replied 1 year ago.

yes I am here

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

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. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. 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.

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