Ask a Law Question, Get an Answer ASAP!
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Had your contract ended at the same time you received the new one in April? Please can you also tell me what reason they have provided for not paying you the amount that is due?
Hello, not sure if you saw my initial query above - Had your contract ended at the same time you received the new one in April? Please can you also tell me what reason they have provided for not paying you the amount that is due?
Thank you. Approximately what would be the value of work you would have done had you given them the 4 weeks notice?
No problem at all, that is what I am here for. I have to say I see very little ground on which they can withhold the full invoice for the work you had already completed. Even if you had left in breach of contract by not giving them the required notice period, they cannot penalise you as a result. They can only pursue you for actual losses as a result of your breach. The law compensates the aggrieved part in a breach of contract claim by trying to put them in the position they would have been had the breach not occurred. In this case it would mean that if they had suffered losses from you not being there for these 4 weeks, then they can hold you liable for these. Often this could include having to cover the additional expense they would have had to pay to get someone on short notice to cover you. they cannot charge you the full amount they would have paid you because if you had been there they would have still had to pay you that money, so it is any additional expenses on top of that they could potentially pursue you for.
The work you had already completed and invoiced them for is not a loss they have incurred as a result of the notice breach. So that should remain payable regardless. They could potentially try and deduct any losses from that amount but only if the contract allowed them to do so. Therefore, I would say with a good degree of confidence that you are able to pursue them for that money and take matters further I you had to.
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
Thank you for the kind feedback and you are of course most welcome. All the best