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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If you are cleaning on a building site as a subcontractor does

Resolved Question:

If you are cleaning on a building site as a subcontractor does the contractor have a legal obligation to either say your work is not up to their standards or give you notice before contracting other cleaners and you turning up and being told that the contract is not yours anymore
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you have a contract with the main contractor please?

Alex Watts :

If so, what does it say about breach or termination?

Customer:

I worked for this company for over 5 years. I was sent an email saying I had the contract for this building site. I do not remember if a contract was received. But up until the fateful day I received payment for my works and no complaints.

Alex Watts :

Ok - you need to check any contract you have.

Alex Watts :

If it makes no mention of termination then if you invoice and are paid weekly you are entitled to a weeks notice, if it is monthly, then a months notice.

Alex Watts :

But to answer your question, unless the contract states otherwise as a sub contractor your contract can be terminated at any time.

Alex Watts :

They do not have to let you have notice, unless it is in your contract

Alex Watts :

I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest

Customer:

Do they have to give a reason to terminate the contract

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

No reason, unless the contract specifies they have to

Customer:

Well, it was very difficult working circumsatnace because when we finished cleaning a plot the site foreman refused to look or sign it off......waiting so that if the other trades made a mess after we were told to clean it we would have to clean it up again for free, as he was saying that we never cleaned it probably in the first place. Also after we had cleaned the outside windows on a very big house he hosed them all down with cold water, the limescale in the area was very high and I had to use limescale remover on every window taking a considerable amount of time and energy, for which they are refusing to pay forl. And the marble tiled floors throughout had marks on them after our clean...on our method statement lines. I asked the site manager to ask the floor layer what he had used on the floor to enable me to get a chemical to remove it, he came back to me and said I had not cleaned it properly and it needed soap and water. This I duly did and it took a whole day and it did not remove it. I went had told him and he screamed at me get out of my office I do not talk floors. It turned out that a specialised chemical had to be used. In a nutshell the site manager was a rude bully who caused a great deal of problems for myself. I did go higher up the tree and have all comments recorded but got no answers

Alex Watts :

Indeed, this is all not very good at all and I am sorry for you.

Alex Watts :

However if you are a sub contractor, you are self employed. There are risks associated with that including uncertainty of work

Alex Watts :

You have to rely on your contract, so that sets out why and how a contract can be terminated.

Alex Watts :

If there is no contract your rights are very very limited.

Alex Watts :

I am sorry, but you need to refer to a contract to get any protection

Alex Watts :

Can I clarify anything for you?

Customer:

Yes please they still owe me £1,600 I have asked for payment and I have said that I will be taking out a CCJ for the outstanding amounts. They have offered me £1,000, to I accept or CCJ

Alex Watts :

No, you are entitled to £1,000

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Does that help?

Customer:

No they owe me £1,600 and are offering to pay £1,000, not the full invoice value

Alex Watts :

Yes I know that. I would not accept the £1,000, only the £1,600

Customer:

Ok, so what do I say to them? As I am unwilling not to receive the full value of the invoice?

Alex Watts :

You say you want the £1,600 or you will go to Court.

Customer:

Thank you, ***** ***** more question please. I pushed the wrong button an the sign in for this web page, I only wanted to pay the £38 not subscribe, how do I sort that out

Alex Watts :

For that you need to contact customer services. As an expert I have no access whatsoever to the billing backend.

Alex Watts :

Is that ok?

Customer:

Thank you

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

Can I help with anything else today?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer: I need to ask another question
Alex Watts :

About this?

Customer: No another subjest
Alex Watts :

Ah, sadly you need to rate this answer and ask another one

Alex Watts :

Otherwise I would get into trouble by the Moderator!

Alex Watts :

You can ask for me though: Alex W

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