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Jenny
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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I am a contractor. I am contracted to a large UK construction

Customer Question

I am a contractor.
I am contracted to a large UK construction company, but near to the end of our job the site manager bullied and harassed myself and my staff to the point where I said that if it didn't stop, and we did not receive an apology, I would cease work.
I even contacted a director of the client company to mediate.
The bullying and abuse did not stop, so near to the end of the contract I had to pull out my people or they would have resigned. I then told the site manager that due to the situation I would have to cease work.
The job was 95% complete, with small snagging jobs to finish.
The construction company then employed another contractor to finish the job. But the client keeps ‘conveniently’ finding them additional (and duplication of) work to do...which is basically an open cheque book.... and they are threatening to deduct the sum from my final invoice.
What can I do?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Do you have a contract with them that sets out what would occur it the event you failed to complete the job?
Customer: replied 1 year ago.
Hi Jenny, My name is***** you for helping.
I have gone through the contract but there is no specific reference to bullying and harassment by the client. We cannot find a section that takes into account the consequences of walking off of a job because of those actions.
Expert:  Jenny replied 1 year ago.
Ok there won't be a clause of that nature sadly. Is there a general clause on early exit.
Can you tell me a bit more about the bullying and harassment?
Customer: replied 1 year ago.
Site Manager bullied my staff, swore at them and made their lives hell. I stood up for them and he verbally abused me. So I pulled everyone off the job.Its almost like constructive dismissal in HR terms, but its company to company in this case....
Expert:  Jenny replied 1 year ago.
Yes that's the problem constructive dismissal laws do not apply these circumstances.
Was there any racism or any other discrimination apparent in the bullying?
Customer: replied 1 year ago.
No, only continual verbal abuse in front of other employees and sub-contractors.*There does not seem to be a reference to early exit in the contract.
Expert:  Jenny replied 1 year ago.
Please can you tell me how you cancelled the contract and tell me the wording of the early exit clause?
Customer: replied 1 year ago.
The site manager in question called me and told me my operatives were to return to site the following day to complete the works. I had just been told by two of my operatives that he verbally abused me to them on site, and that he also harassed them on site that day, and so I told the site manager that my operatives would not be returning.There is no early exit clause in the contract (that I can see) - nor is there a clause to say we must work on site whilst being abused, harassed, threatened and intimidated.
Expert:  Jenny replied 1 year ago.
I think in order to advise properly on this I need to see the contract? could you send it to me? I will offer as an additional service so you can send it to my private email.
Jenny and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Where would you like the contract sent to?
Expert:  Jenny replied 1 year ago.
Please see below
Customer: replied 1 year ago.
All sent. Let me know what you think.
Expert:  Jenny replied 1 year ago.
will do. Please drop me another email with a phone contact number. May I call you tomorrow as I am about to go offline for the evening and I will have a chance to look at it in the morning?
Customer: replied 1 year ago.
Just sent you another email.
Expert:  Jenny replied 1 year ago.
Many thanks.
Customer: replied 1 year ago.
Rachel,
I'm a little concerned that I have not heard from you since your email saying you would phone me.Please phone me at any time.
Expert:  Jenny replied 1 year ago.
Hi I am sorry I have not called you. I have had problems with my email. I will call you in the morning. I promise.
Customer: replied 1 year ago.
I'm available to talk if you would like to give me a call.
Expert:  Jenny replied 1 year ago.
Will call in the next 20 mins

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