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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I signed a contract for services with a company last year.

Resolved Question:

I signed a 'contract for services' with a company last year. I had to work exclusively for this company and was paid monthly. The contract term was for 12 months. There was no reference to a 'minimum term'. In consideration of providing services to the company I was paid remuneration monthly, had my accommodation costs covered, the company paid for my work permit and were to cover the cost of three flights over the 12 month period. The contract for services included no break clause or termination clause.

In month 3 I decided to terminate the agreement as I no longer wanted to work for the company and gave them four weeks notice. The company is now insisting that I reimburse the flight cost for the second flight I took back to Wales and about £1,500 for a work permit they applied for. They also owe me £800 for a weeks wages. Where do I stand legally?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Is there any termination clause in your contract? If so, what does it say (if anything) about reimbursement to the company of all these things which they are asking for?
Customer: replied 3 years ago.

Hi, as advised no termination clause in the contract. No provision in the contract relating to reimbursement to the company.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

In that case you should try and negotiate with them a settlement figure as they may argue that you are breaching the contract by terminating it early as it is for 12 months fixed duration and you are terminating in month 3.

Given the circumstances, what they are asking for seems reasonable, perhaps you can agree with them to deduct pro rata the cost of your work permit for the 3 months you worked with them.

Hope this helps
Customer: replied 3 years ago.

As the contract was to work exclusively for the company do you think that I could argue that I was under the law an employee? I.e. paid monthly etc had a line manager

Expert:  UKSolicitorJA replied 3 years ago.
You may use this tool to give you a good idea whether or not you are an employee, the final say would lie with the courts however: http://www.hmrc.gov.uk/calcs/esi.htm

Hope this answers your queries.
Customer: replied 3 years ago.

And if I was under the law an employee what statutory protections are available to my circumstances?

Expert:  UKSolicitorJA replied 3 years ago.
In that case you may terminate the contract without being in breach by giving 1 weeks notice or pay in lieu of notice and the company cannot force you to make the refunds unless these were expressly set out in the contract.

Hope this clarifies. Please take a second to rate my answers.
Customer: replied 3 years ago.

Thanks. I will give you a good rating but please can you provide me with some authority I can reference in my letter to my employer.

Expert:  UKSolicitorJA replied 3 years ago.
Sure, S. 13 of the Employment Rights Act 1996:

http://www.legislation.gov.uk/ukpga/1996/18/section/13
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