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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48176
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have worked offshore on the oil rigs for over 3 years,

Customer Question

Dear Sir / Madam.
I have worked offshore on the oil rigs for over 3 years, each year the company I work, make me sign a new 12 month contract. On or around 15th April, I was as home and i received my new year contract, which I did not sign.
Due to safety concerns I had on the rig, I did not go back to work.
I have send the company a previous invoice for work I had already carried, deducted from my iPhone novice was the cost off the flight, which came to about £222.00.
This company are now refusing to pay me any of the £11,300.00 they owe.
Do I have any chance of claiming this money back.
Thank you,
Paul Nugrnt
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

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

Expert:  Ben Jones replied 1 year ago.

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?

Expert:  Ben Jones replied 1 year ago.

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?

Customer: replied 1 year ago.
Hello Ben,
Please accept my apology for the delayed response.My old contract had expired in about mid April, my new one was issued around that time, but I was at home and did not have access to a printer, so I did not and have not signed a new contract.They refused to honour my invoice, because I did not give them 4 weeks notice to terminate my contract. I had concerns that I could not carry out my job safely for fear of reprisal and I did not return to work. Terminating my job without giving them the 4 weeks notice, they are now with holding over £10,000. I complete my two weeks and I them invoice them for work I have already completed.Kind regards,Paul Nugent
Expert:  Ben Jones replied 1 year ago.

Thank you. Approximately what would be the value of work you would have done had you given them the 4 weeks notice?

Customer: replied 1 year ago.
Hello Ben.I would normally work 2 weeks on and 2 weeks off.When I did not go back to work, they were not short staffed, they already had someone covering duties. I offered to reimburse the company for my flight ticket. But they alleged I broke my contract by not giving them 4 weeks notice and have with held paying me for work already completed.I wish to know if I am entitled to pursue this through legal means, it is not what I want, but they are adamant they will not honour my invoice.Ben, I apologise for troubling you with this problem. I just seek some advice.Thank you,Paul
Expert:  Ben Jones replied 1 year ago.

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

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Customer: replied 1 year ago.
Ben,I am indebted to you for your kind help, assistance and advice.I have gladly given you a 5 rating for your time and knowledge.I wish you a good week and once again, thank you for your kind advice.Kind regards,Paul Nugent
Expert:  Ben Jones replied 1 year ago.

Thank you for the kind feedback and you are of course most welcome. All the best