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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Dear Sirs, I work as an independent contractor via my limited

Customer Question

Dear Sirs,
I work as an independent contractor via my limited company. My last contract with the employment agency Amoria Bond was terminated brutally based of gender.
I believe the agency is in breach of contract as I had no normal working conditions or equipment at the client site.
What chances I have to go to civil court or Employment tribunal?
Yours sincerely,
Mariana Kruntcheva
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Please can you explain what you mean by 'terminated brutally based of gender?'
Customer: replied 1 year ago.

I am a female and the client manager hit on me. I did not respond and the working conditions and attitude towards me deteriorated rapidly to an extent that I wrote to the lead engineer that I cannot continue working.

After that for several weeks the situation was bearable. At one point the flirting and pressure increased and I had to humiliate and write to the manager that I had feelings for him. This did not help. At one point I had to ask him gently not to consider me as a female.

Within several days he extended my contract. It was Friday. On Monday morning the situation in the office was unbearable: bad attitude towards me, bullying, my PC was not working all day. I had to complain to the agency and to threaten with legal action. They got me out of control.

On the next day the agency responded in favour of their client. I could not stay in the office and I left at around 11.30. I returned at around 17.00 to continue working and my contract was terminated. The manager threw me away.

Expert:  Jenny replied 1 year ago.
Are there any witnesses to any of this?
Customer: replied 1 year ago.

Yes, but they are the client's employees. I have my complaints to them in e-mails.

Expert:  Jenny replied 1 year ago.
Ok you have rights as a contractor (worker) to bring a claim in the Employment Tribunal under the Equality Act 2010.
You have the right not to be discriminated at work on the grounds of your sex.
You should engage ACAS in early claim conciliation against both the employer and the agency (for supporting the client). You will find details at www.acas.org.uk.
If conciliation fails you can lodge a claim at www.employmenttribunals.gov.uk
All the best with this.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.

I already talked to ACAS and they told me that I do not have a right to tribunal as I work via my limited company.

how do you consider that...

Expert:  Jenny replied 1 year ago.
Hi I am sorry I had not picked up that you were engaged via a limited company. In that case ACAS is right. There is recent case law from the European Court which shows that individuals engaged as workers through a limited company do not receive protection under the Equality Act. If you were engage as a sole trader the position would be different.
Customer: replied 1 year ago.

What are my option then?

I believe the agency is in breach of contract as I did not have proper working conditions.

Expert:  Jenny replied 1 year ago.
I would need to see the contract with your company to comment on that. Do you have a copy?
Customer: replied 1 year ago.

Yes, I will attach the contract to an e-mail.

Expert:  Jenny replied 1 year ago.
I will have to offer you an additional service so that you can send the contract to me.
Customer: replied 1 year ago.

I paid for the additional service and subscribed for a free trial.

I attached the agreement to an e-mail.

Could you please let me know if you have it.

Expert:  Jenny replied 1 year ago.
Please can you email to the account below.
Expert:  Jenny replied 1 year ago.
Hello can you tell me how long you worked there for and whether you were given or paid any notice ?
Customer: replied 1 year ago.

I worked 8 weeks and a half and I was not given or paid any notice.

The contract started on 27 July 2015 and was terminated on 22 September 2015 with immediate effect.

Expert:  Jenny replied 1 year ago.
Ok well they are in breach of contract by failing to give written notice of at least 28 days.
You can certainly claim the notice money in breach of contract. Your losses are limited to this though I am afraid.
Customer: replied 1 year ago.

There is a clause which allows them to terminate the contract immediately if their client terminate it immediately.

Could you comment on this.

In case you are sure that the agency is in breach of contract should I go to County court or Employment Tribunal?

Expert:  Jenny replied 1 year ago.
The specific notice provisions are set out in schedule 1 and are clear.
The claim should be in the county court. You should send a letter before action giving them 7 days to pay.
Customer: replied 1 year ago.

Thank you.

My last question is do I need to employ a solicitor to do this claim for me?

If so could you recommend a good one?

Expert:  Jenny replied 1 year ago.
Hi you don't need a solicitor. As the sum is for a fixed amount you can claim using the moneyclaim on line site. www.moneyclaim.gov.uk
Good luck.
Customer: replied 1 year ago.

Thank you.

You helped me a lot.

Have a nice day.

Expert:  Jenny replied 1 year ago.
You too. All the best.

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