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Yes its a distinct piece of work, which was not related to what service I was providing them. Only thing they have is my mails saying my company worked on something ( mails I have shared with you). And this work was carried out over weekends and mornings,on normal working time I was still working for them on different piece of code. What will be taken as proof or what wikl be considered as evidence is what I am not clear.
No it doesn't fall under the definition of 'the service'. As a head of product development I was working for their UI (HTML). The 2nd piece of work was for a different product and not a UI code (it was c# XXXXX).However, I feel it will depend of the skill of solicitor to prove or disprove it, how may I get it verified? They always claimed that since I'm under contract with them, any work I do outside the office hours will still be theirs. This is the bit I am not sure about.
I dont see any restriction on my ability to work.
Here is the full contract .
did you get a chance to look at those pages? Actually they are not accepting the mail with 'without Prejudice' and they persist with assurance request.
What would be the logical next step for them if I dont respond to them? Can they delay my payment on basis of me not replying? If they do that what would be my options?
Well, if its not too complicated and clear of any breaches , I would want to develop my second tranche of work for my benefit. I have already told them many times they could pay my work and I will move on with something else. They are on the point that they wont pay and would continue to threaten me with legal complexities. I would just move on for now and when the agreement dies off after 12 months I may pick this work again if it still makes sense.
Hi, Thank you. I think you should work to the end of this contract and then take one of the following options: 1. You sue them for payment of the work on the basis that they are claiming ownership of it. If they do this then it would be admittance that they had commissioned you for it; 2. You take the view that this work was produced in your own time and did not form part of the services. It will then be their prerogative if they want to sue you. If they do sue you they will have to admit that this work was commissioned. Your argument will then be a counter claim that you werent paid or that the work did not fall within the definition of the services. You have potentially six years to bring this claim. Could you just reconfirm how much you believe you are owed? Kind regards AJ
At least £6000. is it worth suing them for this money? Where I find more info about what it takes to sue someone? My other concern is I am a self employed / consultant, if I have to take off to fight this case in court, then that's going to cost me in terms of my pay as well.
The contract ended last week. I will send them an invoice and wait for the payment. If I don't get paid in 15 days I will find a solicitor and raise a claim.