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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48514
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello I am a IT Contractor which has been given notice on a

Resolved Question:

Hello I am a IT Contractor which has been given notice on a contract due to the mis understanding by the client on the type of role they are recruiting for. It has taken the client nearly 6 weeks to decide to do this. I have billed(invoiced) the agent for 2 weeks work as the contract I have signed with them has a 2 week notice period. The agent has paid only 4 days of the 10 days notice period. The agents current excuse is that he needs to look at the current terms and conditions which they have signed up with the client. It is also my understanding that when signing the contract these terms and conditions should already be in place. What I would like to confirm is the agent in breach of the contract and do I have a case to take them to small claims court the amount owing is £3960 inc VAT
Thanks for your help on this
Regards
Paul
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

So are you only after the notice period of 2 weeks?

Customer:

Yes all other invoices have paid except for 6 days out of 10 for the notice period

Customer:

Hi Ben any update

Ben Jones :

You are correct that the contract you had in place would be the one you can expect the employer to adhere to s if they were thinking of terminating it then they would be expected to follow the termination clause contained within it. So if that required a 2 week notice you can expect that from them in this case. This means also the equivalent of 2 weeks pay as that is what the notice would reflect. So if they have not given you the required notice or paid for it then this is indeed a potential breach of contract. Whilst the court option is something you can do, this should be seen as a last resort and 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. 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.

Customer:

Ben thanks I will take this process forward if I have heard nothing next week

Ben Jones :

you are welcome, all the best, ***** ***** gets sorted

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