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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49839
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Letter Received from ACAS 08 Apr 2015 Dear Tracey Acas

Customer Question

Letter Received from ACAS
08 Apr 2015
Dear Tracey
Acas Early Conciliation - Karalius vs Ergon Solutions Limited (claim number R028979/15)
Following our recent discussion this letter is to confirm I am the conciliator for this matter. If you have any queries about conciliation please do not hesitate to contact me.
As explained the Claimant is seeking outstanding salary of £3000 which he believes is being unlawfully withheld and I would be grateful if you would investigate this matter and advise as to how you wish to proceed. If we are able to resolve this issue, then the matter can be settled on a COT3 which is a legally binding agreement. Currently, the Early Conciliation period is due to end on 22 April 2015 at 23:59:59. If we are unable to resolve the issue, then a certificate will be issued that will allow the Claimant to proceed to Tribunal if he so wishes.
If you decide to appoint a representative, please pass on this information to them and I will deal with them directly on this matter.
Further information about our conciliation role can be found at If you would like a paper copy of this, please let me know. This service is confidential and free of charge.
I look forward to speaking to you again soon.
Yours sincerely *****
Abigail Findlay-Stankovic
Paul is not employed by us - he has invoiced us for his services. He was previously employed full time with us but took redundancy in October 2014.
We have had complaints by 2 customers concerning the quality of his training, which have impacted on our reputation and relationships. We escalated this to him and he denies doing anything different. (We never had complaints when he was permanently employed.)
Are we right in witholding all or any of the money invoiced £3000.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. So to clarify was he an employee or did he work on a self-employed basis for you?
JACUSTOMER-px0u5kgn- :

He was an employee up until October 2014 when he took redundancy due to a restructure. He has since provided training on our behalf on a freelance basis on 3 occasions. We have had complaints about 2 of them.

Ben Jones :

First you should consider whether this person is actually your employee or if he works on a self employed basis. If he is self employed then he cannot make the claim in the tribunal as that is only open to employees. However, he can then make a new and separate claim in the small claims court if needed. So if you are confident that he was working as self employed you can let the conciliation process end without agreement and if he tries to make a claim in tribunal it should be rejected.

In terms of withholding the money if he was self employed then you must be able to show that he had acted in serious breach of contract and did not do as he was employed to or did not follow the contractual requirements placed on him. Whilst you may have been advised by two clients that the quality of training may not have been up to scratch you should have conducted your own investigation into this. He denies doing anything but you should try and get more specific details from the clients and ask for specific examples of what he is alleged to have done wrong and given him the opportunity to specifically answer these concerns.

In the end, if he was clearly in breach of contract and did not deliver as contractually required, you can withhold some of the money, but not all of it if it can be shown that you had derived some benefit from this. For example, if you had received fees from the clients even if they were unhappy.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks

Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you