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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47354
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am currently doing work for my previous employer as a

Customer Question

Hi
I am currently doing work for my previous employer as a contractor, I had left the company at the end of June.
I had agreed to do a couple of hours a week, however there was no contract setup between us. Only a verbal agreement.
I have attached the email below. He still has to pay me £900 for work I have done in August.
My Questions are..
What am I liable for if mistakes are made?
Do I have to continue working with them, we did not agree on a notice period?
Hi Jonathan
Eamon advised he has no feedback from you on his emails? If your busy just let him know when you can respond. Helps him to organise things
Also the issue on Monday costed us a full day by Kirill to fix the corrupt deployment you made, how can we work on the 8hr compensation for this issue?
As a business we need to ensure you deploy updates as per the agreed process and fully tested.
I will have a draft contract terms for you by tomorrow end of day which will include 365 solutions rare card, SLA, QA and compensation rate if anything isn't done right which cost us time and money to fix, which I'm sure you understand is conditions all out suppliers work with. It means if a TFS task is allocated to you, you charge us when it's done but if you haven't done it right we can charge you to fix and rectify the deployment. To avoid that is best each task is done right from the onset snd deployed as per the process. We value your work and experience and want you to work with us, just take care that your work is always double checked before a deployment and tested.
I'm working on a contract here, and as advised you when you send the inbound, we will pay your invoice with rest of suppliers next week, it's on Tuesday.
Talk soon.
Regards
Eddie
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 10 months ago.
HiHow does this work
Expert:  Ben Jones replied 10 months ago.

Hi there Jonathan. Are they asking you to rectify the work before paying you as I understand that an agreement of this kind is not in place as yet?

Customer: replied 10 months ago.
They have fix it on their end and have said it had taken them 8hrs. My worry is that they are going to come back with other mistake in order to get me to sign a contract.I do not wish to work with them any more is this possible as we did not agree on a notice period
Expert:  Ben Jones replied 10 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 10 months ago.
Many thanks for your patience. To answer your questions:1. If mistakes are made by you then you could be liable personally for this under the law of negligence. It would matter whether the fault was entirely yours, if any proportion of the blame could be attributed to anyone else, whether you could have rectified matters yourself and saving time and expenses that the company may have used to do this, etc. But you can potentially be liable for any negligent acts on your part that have resulted in losses for the company. However, if you have no contract that contains the compensation rates then it would be harder for them to try and claim these or hold you liable to a certain amount. Do not sign any contract now – they cannot force you to sign it either.
2. Even in the absence of a contract or an agreed notice period, it is likely that you would be expected to give a reasonable notice period. That will vary from case to case, it could be a day, a week, a month. I suggest a week may be reasonable so at least try to give that. You may find they may not want you to work during it anyway.I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 10 months ago.
I have only done 46 hours work in total for them contracting.It was for odd bits of coding over the past 2 months.
If I ask them to pay the £900 pounds and they say they will not pay, can I say I will no longer work with them and leave it at that?
I don't really care about the money, just want a good nights sleep at the moment and to be done with this.
Expert:  Ben Jones replied 10 months ago.

If they fail to pay you then that would amount to a breach of contract and entitle you to treat the whole contractual relationship as at an immediate end, o yes that would enable you to leave straight away due to a fundamental breach of contract on their part.

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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Customer: replied 10 months ago.
Would a breach of contract also mean I would not be liable for anything?
Expert:  Ben Jones replied 10 months ago.

Yes generally that is correct

Customer: replied 10 months ago.
HiThey have paid, however they would like my help with something.Is it possible for them to email me something that says I would not be liable for anything past or present, as I would like to make sure that I will not be sued?Thanks
Expert:  Ben Jones replied 10 months ago.

You can ask them to issue a document which states that the payment they have made is in full and final settlement of all and any past or current claims and liabilities you may have against each other. However, you cannot force them to agree to such a document

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