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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 12169
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I run a small business as a partnership. We needed help with

Customer Question

I run a small business as a partnership. We needed help with some website and through a friend of a friend we were put in touch with someone who could help us out. They agreed to sort out our website plus others and we would pay them while they were doing the work, it be came apparent that they could not do the work we wanted as nothing was being completed. So rather than a monthly amount it was agreed with them that he would only be paid on completion. A week after this they accepted a job and left. Unfortunately this was all informal and they then have asked for payment up to the date they left. There was no contract or offer letter but before leaving he generated his own which we refused to sign.
Where do I stand the business in only in its first year and he is now claiming to take legal action. The only link to the business are two payments made from the business account to his personal account.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
How much is owed please?
Customer: replied 3 years ago.

A week before he left the business I had a meeting with him, where I told him there was no money to pay him as he was not completing the jobs and as such no money was coming into the business from his work and he would be paid when work was completed to the satisfaction of clients. He agreed to this but also said he had the offer of a some contract work which he was going to take up in London but would complete a website from which we would pay him for his work. We paid him last in April and he left mid June. From what he said he could do we had estimated we could pay him £1300 per month (direct bank transfer, not through pay roll) for his services and he would effectively generate his own payment.

So he started in Feb 14 a payment of £1300 was made in March and another of £1300 in April but after this basically there was no money in the business to pay him as he was not completing any of the work.

In my mind nothing is owed but he seems to of forgotten our meeting and says he is owed Money for May and June (£2600)

To complete the work he left we have now had to contract someone else in to complete the work just to keep clients happy. But this will leave us with no profit and no money to pay him.

We did have to buy hardware and software for him to work on the jobs we had as his own laptop broke down and he couldn't afford a new one. Additionally his car broke down on several occasions and there were several weeks where he was not in the office because he was getting his car fixed. But this was not challenged as we did not see him as an employee who needed to be in 09:00 to 17:00 Monday to Friday.

Expert:  Ash replied 3 years ago.
Ok - what is it you want to achieve?