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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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My wife is a freelance designer. 3 months ago she agreed to

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My wife is a freelance designer. 3 months ago she agreed to start working 3 days a week for a jewellery company. Her usual rate is £300 per day which they tried to negotiate down. They agreed on a rate of £275 per day by offering a 6 month contract.
This was all done in writing via email and theCompanies managers words were to the effect of:
"I'm just checking this with the directors" followed by "All agreed here"
The said manager has been ousted at the company and the director now claims to know nothing about the 6 month agreement even though we have it writing in an email.
They did not send a formal contract and the director is now saying they are checking with HR to see if the contract is binding.
What are our rights? If they say that they do not want her to continue could we charge them for the 3 days a week for the next 3 months?
if not as a lower rate was agreed for the longer term could we back date the extra £25 a day she would have charged for the first 3 months already served?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. To confirm your wife commenced the work on the basis that it was for a fixed 6 month period? Did she agree to the price reduction on the basis she would have 6 months work guarantee? Kind regards AJ

Customer: replied 1 year ago.
Hi, Yes we have everything documented on email. She was not employed by them and remains self employed. But she agreed to do 3 days a week for a 6 month period, reducing her daily rate because it was a longer term.
But they never actually gave her a formal contract.The exact wording of the reply was:
"Our previous freelancer was on £250 per day as we gave her a longer contract. If we offered you 6 months to start would we be able to get nearer £250"My wife replied saying for the longer deal she would meet them half way at £275.Their reply was "if we could get the £275 per day that would be excellent. All agreed here"
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. I think the email is sufficient evidence of a contract for a fixed period of six months. The fact that your wife agreed to drop the price in return for a fixed six month period is evidence of a contractual relation. If they terminated the agreement she could sue for breach of contract - damages would be the unpaid term of the contract. Was the email sent from a company email address? Kind regards AJ

Customer: replied 1 year ago.
it was from their business email address.
Additionally they've also already gone through 3 months of doing the work/contract and paid her for it meaning they agree and are complicit with it?
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Absolutely actions are a sign of acceptance. In the absence of a written agreement, you have a verbal one which is evidence by the conduct of each party. Presumably she is owed approximately £10k for the remaining three months. If they wont pay she can commence a small claim against them for breach of contract.

https://www.moneyclaim.gov.uk/web/mcol/welcome

Customer: replied 1 year ago.
Thanks - do the emails not constitute a written agreement also as they specifically say 6 month contract based on the reduced rate? The only thing being they didn't give her an actual employment contract - does that matter?
I've just spoken to my wife and they haven't actually paid the May invoice yet, meaning it would push it closer to £13-£14 owed, that would affect the ability to do a small claims I think?
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. A written agreement would be a signed contract, the emails are evidence of your contract including the terms. It does not matter that she does not have an employment contract. She only needs to evidence that a price and work period was agreed, and that they are terminating this agreement in breach of contract. The limit for small claims is £10k, but you can still use the money claim service and this can still be dealt with in the county court. Kind regards AJ

Alex J. and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
ok thanks
Expert:  Alex J. replied 1 year ago.

If I can assist any further please let me know. Kind regards AJ

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