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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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i have an issue with a sub contractor who has been working

Resolved Question:

i have an issue with a sub contractor who has been working for me on a number of sensitive building contracts. It has come to light that while working for my Company he has not been focussing diligently on the projects prefering to cause delays and paint my business in a bad light. He has now spoken to my major client, crtitised my organisation and asked if he and his collegues can go directly to the cleint for work. This individual was also meant to be a friend and we therefore did not have any formal sub contract agreement. I owe him some monies for work he has done but am reluctant to pay anything as he has cost me time and money and has used the time i am paying him for to set up his own business. Is there anything i can do legally to challenge his actions?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Was there no written agreement at all? If not did he verbally say that he would not work for others whilst working for you?

Customer:

There was no written contract but we had a number of conversations were we agreed he should only work for us when dealing with this particular client. The client is a Government agency and we work in sensitive areas.

taratill :

It is a difficult situation without a written agreement. I do not want to seem as though I am preaching after the act but please make sure you always have a written agreement in place in the future. Unlike a normal employment relationship (employer / employee) there is no implied mutual term of trust and confidence so if there were to be litigation on this matter it would come down to what has been agreed.

taratill :

You could withhold his pay and say that if he pursues you will counterclaim on the basis that you had told him he should keep matters confidential and be diligent in working for you.

taratill :

If he tries to sue you for the wages pay though you will take a risk in taking it on as a court will look dimly on the absence of clear written contractual clauses dealing with these matters.

taratill :

If you have any further questions please do ask.

Customer:

Thanks, ***** ***** i need to chalk it up to experience and move on. i have no recorse in law for his deception and lack of intergrity and diligence with no formal contract in place?

taratill :

Yes that's pretty much the situation. As a business owner you would be expected to have contracts in place to protect the interests of your business. Your only claim against him could be in breach of contract and without a written contract it is very hard to prove what was agreed.

taratill :

I am really sorry that this is the position.

Customer:

no problem, thanks

Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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