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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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i was working in an extended 3 month contract when I gave notice.

Resolved Question:

i was working in an extended 3 month contract when I gave notice. I should have given 4 weeks but left after 6 days. There was only 5 weeks left to run. The contract does say that I will be liable for damages. The agency was probably making around £30-£40 a day of me so for the 14 days i didn't work I would think losses were in the region of £560. The contract also states payment may be withheld if the contract is broke. I offered to pay losses if the agency would tell me what they were nut they have refused and instead have told me they will not pay my last 3 invoices that amount to £5280. They were quite threatening and told me to forget about the money or they would take me to court for damages plus any the end client inflicted on them.
If I give a final demand for payment then go to a small claims court I would expect them to then take me to court. I want to know how much I may be liable to pay (ball park figure) or if I should just write the money off.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. It would be impossible to say how much you may be liable for if I don't actually know what losses have been suffered by the agency that can be attributed to your breach of contract. I can only go by the information you have supplied and that does not go beyond the £560 you believe the agency has lost from you. So apart from that,l I cannot say whether they have a valid claim for anything else or for how much it would be. Whatever the amount, it must be incurred as a direct result of your breach and be reasonably foreseeable in the circumstances.

Customer:

Thanks. I was working as a project manager and apart from the project being delayed i cannot foresee any real losses. My concern is that I tried to resolve amicably but the agency refused to let me know what there losses could be or if they are subject to any losses from the end client. If there were any real losses I would have expected them to take me to court for them anyway. Are they able to refuse to tell me what losses they incurred?

Customer:

I also offered to assist with the completion of the work in my own time

Ben Jones :

They can refuse to tell you at this stage but obviously if they go to court they will have to quantify their losses and you would then find out

Customer:

The bit i am struggling with is I am willing to pay losses but they wont tell me what they are. Can they take me to court even if I have agreed to pay (last question) I would have thought this would be seen as very negative in a court setting.

Ben Jones : You are correct, it won't look good for them if they go mot court when they could have resolved this amicably between the two of you. However it is not unlawful, they may be penalised in costs but it does not mean they won't be allowed to proceed with the claim
Ben Jones : Please let me know if this has answered your query or if there is anything else I can clarify for you?
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Expert:  Ben Jones replied 3 years ago.
Hello Jim, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you