See attached agreement here https://www.dropbox.com/s/dwv1ggshmn1v404/JT%20Letter%20Agreement%20-%203%20August%202015.pdf?dl=0. In section 2(c) it states that "The Consultant (me) will be available not only during normal working hours, but to a certain extend also after working hours and during weekends."
However, the person I was working with within the company (Vertical Capital), Jacob Agam, clearly abused the ambiguity of the clause and makes me work all the time during non normal working hours during weekdays as well as most weekends. In my opinion they were already in breach of their contract. I can ask my phone company to provide a list of all incoming and outgoing calls, as well as all email communications with time stamps.
One Tuesday night, I did not answer his calls from 7pm to 8pm, before coming back online and send him documents requested at 9:30pm. He gets upset and decided to terminate the contract.
There is a one-month notice clause. In my opinion this means that the need to pay me one months' notice PILON. See attached their response here https://www.dropbox.com/s/f9inf43d022i6vy/Final%20payments%20of%20Consultancy%20Agreement.pdf?dl=0
Uwe, the admin guy who signed the contract, also called me on the phone and said in a sarcastic way that they wrote the contract to be governed by English Law and as a Maltese company billing to my Hong Kong address, there is no protection and no legal recourse.
Hi. I'm surprised that you have chosen to avoid ALL the questions / issues I had despite the long response.
I know there is a claim since the contract clearly states one month's notice with no provision on "breach of contract" resulting in termination without notice. My question remains:
1. Is this covered by employment law? or a business contract? What type of laws should I be referring to in this instance?
2. And my question on how I can enforce it. I did some research and it says:
Judgments from any country can be enforced in local courts provided the established procedure is followed.
For EU states, the Brussels I Regulation is applied.
For the UK, specific statutory provisions apply.
Please answer #1 and let me know what statutory provisions would apply here. Also, if I were to take them to court, which court in UK do I do that?
#1 - how do I do that? Must I be represented by a lawyer?
#2 - This is almost an academic paper length that non legal professional surely won't understand. I need premise answers on how the county court would be able to enforce it and if the Malta company chooses not to pay what are the options which the court would do e.g. block them from doing businesses in UK?