Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Hi there Gaby. Have Sola said they will not pay you in the interim?
OK, thank you for your responses. 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.
Many thanks for your patience. The first consideration here would be whether the placement was conditional on anything, such as the agency getting approval to be a contractor or anything else in relation to this. If there were no such conditions placed on the offer and it was simply sold to you as a guaranteed start for the client at the set date, then their failure to materialise this can amount to a breach of contract. The fact they have admitted liability will also help you so if you have evidence of that it would be useful to retain it.
In terms of damages, there is indeed an argument that you should be paid for the duration of the contract as that is what was promised to you under the contract you had entered into at the start. There are a couple of factors you must take into account though:
· Was there a notice period for early termination. If there was then even if you had started the job they could have terminated it by giving you that notice period. So a court may decide that you should only be entitled to that notice period as damages as that is the worst position that could have been feasible
· You have a duty to find a new job as soon as you know that there are issues with the current one. You must provide proof of job searches and applications and obviously the sooner you find one the less compensation from the contract’s full value you may receive.
This is your basic legal position. I have more detailed advice for you in terms of the steps you must follow should you have to pursue them for compensation, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. My main concern would be that a court decides you are only due 5 days notice because that is what they could have given you to terminate the contract even if you had started with them on the greed day. However, if you were left ‘hanging’ with promises that this would be resolved soon and did not seek other work initially as a result, then that should also be taken into account and perhaps you should be given compensation for a longer period to reflect that.
Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Hope so too, you know where to find me if you need further assistance, all the best