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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44880
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Is it illegal for home-base to withhold a copy of my

Customer Question

is it illegal for home-base to withhold a copy of my contract from when i was installing kitchens for them on a self employed basis
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

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

Expert:  Ben Jones replied 16 days ago.

Why are they withholding it? Were you not issued with a copy at the start?

Customer: replied 16 days ago.
no i wasnt i wanted to stop because they hadnt paid on time they are holding me for expences that occured because they couldnt find a replacement fitter
Expert:  Ben Jones replied 16 days ago.

You should be issued with a copy of the contract and in fact you would potentially have the right to get a copy under the Data Protection Act 1998. This is because if the contract contains information from which you can be personally identified as an individual, you are entitled to see a copy of it by making a subject access request. Just note that this only applies if you can be identified personally, as an individual, not as a business, so there has to be something in there from which someone can identify you as a person. If nothing like that exists in the contract then you cannot rely on that and they can potentially withhold the contract. In that case they would only be required to issue a copy if this goes to court, as part of the court disclosure process during a claim. So if you are owed money you can consider making a claim in the small claims court and as part of that process they would be required to issue a copy of the contract.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps of making a subject access request. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Customer: replied 16 days ago.
how would i put a case together for this and how much would it cost i have emails for hombase and i wanted to know if i have a case here its hard with out the contract
Expert:  Ben Jones replied 16 days ago.

Do you mean how much would it cost to make a claim for the money owed? If so, how much are you owed?

Customer: replied 15 days ago.
between £2000-£3000 i dont know if i could win without the contract
Expert:  Ben Jones replied 15 days ago.

Ok if you were to take this further you will have to take it to the small claims court which is a relatively low risk option as even if you lost you would not be responsible for their legal fees. You will have to pay the claim and hearing fees of £300-400 but that would be it if you do not use a solicitor yourself.

In the first instance you should make a subject access request to the employer for the release of the contract. If they do not release it then you can still go ahead and claim whatever you think they owe you. Once they have a claim against them they are legally required to disclose the contract during the claims process. If they think you owe them money they can make a counterclaim and potentially offset that from what they owe you.

As mentioned I can discuss the subject access request procedure and also the claims procedure. 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 provide the info mentioned and answer follow up questions afterwards if needed. Thank you

Customer: replied 15 days ago.
sure will do but how would i make a subject access request
Expert:  Ben Jones replied 14 days ago.

Section 7 of the Data Protection Act 1998 entitles an individual to request from a data controller a copy of any information which amounts to personal data about them. The process is known as a Subject Access Request (SAR).

If you wish to make a SAR, you need to write to the organisation that holds the data in question. Your letter should include the following information:
• Make it clear that you are making a 'subject access request in accordance with the Data Protection Act 1998';
• Provide details of the data you are requesting copies of;
• Your main personal details - full name, date of birth and address;

The organisation may ask for a fee to fulfil your request, which should not be more than £10. Once you have provided all the relevant information and fee, the organisation must send you a formal response within 40 days.

Hope this clarifies?

Expert:  Ben Jones replied 13 days ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 12 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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