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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sirs I`m contacting you because I need a legal advice

Customer Question

Dear Sirs
I`m contacting you because I need a legal advice in UK Applicable law.
I`m currently operating as Frelancer (LLC) and my client (employment business) is trying to terminate my contract without notice.
I`ll be really happy if someone from your pool of experts take care for my problem.
Please let me know are you ready to handle this and what will be your fee for.
Thanks in advance
Regards
Nikola
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Nikola my name is ***** ***** I will help you.

Do you have a signed contract, if so what doe sit say about termination?
Alex

Customer: replied 1 year ago.
HI Alex
Please find my Contract and related correspondence attached to this message.
I`m waiting to hear news from you soon.
Regards
Nikola
Expert:  Ash replied 1 year ago.

Thanks. its an 18 page contract so if you want me to look at it, that would be an additional cost.

Its going to take some time to go through it.

Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Alex
I hope you are well.
Do you have any progress with my issue?
Thanks in advance
Regards
Nikola
Expert:  Ash replied 1 year ago.

Right I have looked at this in some detail. The contract is very long and complex so took me some time.

What I can tell you is that the contract is from 7/7/16 until 7/1/17 with a client notice period / contractor notice period of 2 weeks.

Clause 9 says that it can be terminated at any time by the Agency by giving notice as per schedule 1. Schedule 1 is above which states that notice can be given which is 2 weeks.

It can also be terminated prior to the start date, which does not apply here.

It can also be ended if you breach the agreement, fail to provide the services to the satisfaction or are negligent, you are wound up or made bankrupt, conduct yourself in an inappropriate manner, you are unable to work because of accident/ill health, breach of trade rules, not observed any confidentiality clause, fail to comply with an instruction, commit a criminal offence, cease to be able to work in the UK or if client can't pay all the invoices.

However there is no clause which allows termination because of skill set although I suspect that it would come under the heading of not providing services to the satisfaction of the client etc.

So the agreement can be terminated. However they have terminated giving NO notice. But the agreement makes clear that if they want to terminate they must give 2 weeks notice.

So whilst you may not agree with the reasons why the contract is terminated, you are entitled to two weeks worth of money.

If they do not pay you for that then you are entitled to sue them for the two weeks.

However they are entitled to terminate but must give you 2 weeks.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Hi Sue
thanks a lot for your efforts
You are confirming my understanding about the situation.
Now, could you please advise me:
1. What is the appropriate course of action form my side from now on?
2. Could I invoice this week (7th – 12th August) because I`m not properly terminated?
3. Is it possible to require activation of notice period from agency side, if I don’t want to initiate contract termination?
4. Could I request some compensation about the Agency behavior (moral damages)?
5. Is it possible to claim some lost profits (One year contract)?
Probably some kind of official letter from my side should be prepared, and because this is out of my professional expertise, is it possible such document to be prepared from you or from your colleagues?
Thanks in advance for your aid
I appreciate.
Nikola
Customer: replied 1 year ago.
Hi Ash,
Sorry but my spell checker changes your name, please excuse my mistake.
it was unintentional...
Regards
Nikola
Expert:  Ash replied 1 year ago.

1. You are entitled to 2 weeks and should seek this

2. Yes

3. No, I dont think so, they have terminated it, so you are entitled to two weeks

4. Sadly not - 2 weeks compensation and thats it

5. No, because the contract allows for them to terminate giving 2 weeks notice. That means this is all you can claim.

Sadly we cant send letters for you, as this is a question and answer site.

No problem about the name, you can call me Sue if you wish!

Customer: replied 1 year ago.
Hi Ash
Thanks a lot.
Can you prepare draft of the official letter?
I will send it on my own.
Off course I`ll pay you all expenses that are needed.
My background is in IT, I`m not able to create such document on my own.
Thanks in advance
Regards
NIkola
Expert:  Ash replied 1 year ago.

Sadly I can't because that would be considered as being instructed

Customer: replied 1 year ago.
Agree.
Just a final question- Is it some specific in form in which they are obligated to cancel my contract – Company letter with signature on it, or simple email is sufficient?
Thanks in advance and wish you great weekend
Nikola
Expert:  Ash replied 1 year ago.

No, email is fine. The agreement does not say it has to be done a certain way.

Customer: replied 1 year ago.
Hi Ash
Have a great weekend!
Nikola
Expert:  Ash replied 1 year ago.

And you! A