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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a self employed contractor working Training company

Resolved Question:

I am a self employed contractor working for a Training company delivering training on HR and Learning and Development for the Chartered Institute of Learning and Development.
I was in my view unfairly dismissed as a result of a vexatious complaint. however, my view was not sought and i was unable to explain and discuss it.
I recognise I am unable to claim under the traditional system. However, i am extremely concerned that my reputation gained over 25 years of training, and no complaints has been trashed as a result of this complaint and the desire to appease the regular customer.
Am I able to take action against individuals or the company about their failure to investigate and deal with the situation objectively and fairly.I was thinking about taking action in the small claims court for breach of contract. If so would it be aginst i named individuals or the company ?
Please help as i am very frustrated that i cannot clear my name.
Leslie Bawden MCIPD
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How have they breached your contract - have they failed to follow any contractual procedures/policies?
Customer: replied 2 years ago.

1. I can expect regular feedback from scheduled events

( i had delivered 6 workshop of a 9 workshop programme before my employer requested feedback.- too long and unreasonable questions were asked of the delegates

2. Action and feedback on any issues a client raises at an event

( surely it is implicit that this process is carried out fairly and objectively and not just to benefit the employer )

3. for the employer to maintain complete confidentiality of my details unless agreed otherwise. (Letter of dismissal was copied into administrative staff )

4.The employer will behave professionally in all out contact with you

5. The employer will be sensitive to my professional needs

6. Elicit feedback from you to confirm that we have met your needs and exceeded your expectations

Leslie Bawden

Expert:  Ben Jones replied 2 years ago.
How exactly has your reputation been affected, for example are they providing a reference for you which is negative?
Customer: replied 2 years ago.

no but i gain ALL of my work by word of mouth in a potentially icestouis sector. l. do not have a website, business cards or anything like that. I rely totally on my unblemished reputation built up over 25 years.

The delegates from teh course know as they asked me to be replaced. Maybe most importantly of all i know and i also had an additional 5/6 other groups that i was running at the same time and they all want to know why i left so suddenly.

My self confidence after this has suffered significantly and i haven't been sleeping. i have never been treated like this before.

I also would like to take action against the delegates concerned that are all from one company, that raised what i firmly believe is a vexatious complaint.

I am English and working in Scotland and beleive me i Have experienced a fair degree of discrimination.

Les

Expert:  Ben Jones replied 2 years ago.
Hell, sorry I was offline by the time you had replied. To be perfectly honest such claims would be extremely difficult to pursue and win. What you have to remember is that the employer would have been legally entitled to terminate your contract at any point simply by issuing you with the termination notice stipulated in the contract. You were self employed, you had no guarantee of ongoing work and you were not protected against unfair dismissal. The employer would not have been required to prove that there was something wrong with your performance or quality of work to dismiss you. You could have been their star employee and have all the proof to show that but they could still dismiss you. The fact that some people may make inferences from that is irrelevant. As the employer could have terminate your contract for more or less any reason and without having to shoe you had done anything wrong, you cannot challenge that. Had they issued references questioning your performance or any other qualities and you could show that this was untrue or misleading the that would be a different matter as it could amount to negligence. However, as no references are issued and you are only relying on the fact that you were dismissed, you cannot challenge them that alone. It is unfortunate that some people may think negatively of you f they know you had your contract terminated but that does not mean the employer had acted unlawfully in terminating it in the first place. As mentioned you were self employed and could have had your contract terminated at any time and for any reason, so cannot challenge it unless they had terminated it in breach, such as by not issuing you with the notice period you were due.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Hi Ben

Thank you for your reply. Apologies for the delay but i have been away since yesterday evening

Can i just clarify even though i can prove that my contract has been breached it would be difficult to prove and even if i did win i would get no more than payment for my 3 months notice ?

If they have told the company, where the employees have come from, in writing that the investigation was carried out correctly when it couldn't possible have been. can i do anything about that ?

Also the company where the employees come from, what can i do about them as their manager requested that i removed from the course and yet again it was without any discussion etc. What legally can i do about that ?

Leslie Bawden

Expert:  Ben Jones replied 2 years ago.
Hello Leslie, the issue is quantifying your losses and also linking any alleged breach by the employer with the losses you are trying to claim for.
Claiming for their claims that the investigation has been carried out correctly, even if it has not, would be near on impossible. You have not suffered losses as a result - whether an investigation was carried out properly or not would not have affected your employer's right to cancel your contract.
As to removing you from the course, I presume this was allowed in some way under the terms?
Customer: replied 2 years ago.

Hi Ben

I have suffered significant losses as i had bookings into and beyond 2016 already.

I would think it extremely unlikely there was any agreement about what someone would consider would do if they felt that the trainer was less than competent.

What if anything can i do about the company from which the 5 delegates came from ?

Please tell me what i can do rather tahn what i can't do

Les

Expert:  Ben Jones replied 2 years ago.
You may have had bookings but if the contract is cancelled as per its terms then these bookings are not guaranteed any longer. So your bookings would only be guaranteed to an extent for the time you are employed there, once your employment is terminated you cannot claim over bookings, unless the termination was done in breach of contract, such as by not giving you the required notice period. So to be clear - you van only really claim against them if they had terminated the contract in breach of contract, such as by not giving the notice period you were due. I do not want to give you false hope or send you on some wild goose chase but I have to be honest so this is the reality.
Customer: replied 2 years ago.

Hi Ben

So what action can i take against the company / individuals who caused me to lose my job. i believe it was vexatious. what can I do about it ?

Les

Expert:  Ben Jones replied 2 years ago.
That's the whole point - you can't. You cannot challenge the fairness or reasons for the dismissal, the law does not provide protection against unfair dismissal for the self employed. So they do not have to justify that the dismissal was fair or for a fair reason, they must simply follow the termination clauses in the contract, which would usually be giving you the required notice period.
Customer: replied 2 years ago.

Hi Ben

I am sorry but i find it very difficult to believe that a person can make unsubstantiated, deeply offensive and vexatious comments about another person causing them to lose their job and walk away unscathed . that is simply ridiculous.

At the very least these are defamatory and untrue statements that have caused me to lose a significant amount of money and also cause significant damage to my reputation. Surely it is not acceptable to go around making those sorts of allegations. i can write anything about anybody whether it is true or not.

Now what action can i take against the company / individuals who complained about me.i would hate to have to take and complain about this company in the press . As for the manager who asked for me to be removed this is surely an abuse of power and authority.

Leslie Bawden

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What else is it you would like to know?
Customer: replied 2 years ago.

Hi Alex

Thank you for your e mail. I feel the last protracted question and answer was not helpful in that i continually made suggestions with Ben just telling me what i couldn't do. what i was also looking for him / you to do is to be more proactive ie i accept that i cannot do that but what can i do is x y z etc. I am unable to accept there is nothing i can do.

I think my last paragraph of my last reply sums it up but i would really appreciate your knowledge and expertise in advising me what in can do.

I look forward to hearing from you.

Leslie Bawden

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request compensation 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.
If they do not compendate 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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Hi Alex

Thank you for your answer.

Is there anything i can do in the small claims court as I have used that before and also for me it is about the principle and not the money. So if i was limited to 3,000 that would not be a problem.

i look forward to hearing from you

Les

Expert:  Ash replied 2 years ago.
No it would not be a problem. The process can be managed online and is quite informal when it goes to court. It's more like an office than a court.
Does that help?
Alex
Customer: replied 2 years ago.

Hi Alex

Thank you for your straightforward reply.

One last question. what would be the Official reason i would have to give to the court for taking action ?

Thanks

Les "

Expert:  Ash replied 2 years ago.
Compensation for loss of reputation etc.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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