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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50165
Experience:  Qualified Solicitor
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I have been working as a self employed sub contractor a

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I have been working as a self employed sub contractor a company supplying security services to a site in London. I have been paid for my holidays and sickness, at a single contract where they have provided me all the tools for my job, and have been working like this for them for a period of just over 1 year.
They have terminated my contract stating that they are doing this to make changes to the management structure in order to foster relations with the Company's clients. However, I have actually be terminated due to whistle blowing on bad practices by the company when asked questions by the client. When I was handed the letter, I was verbally told by the business owner that I was being suspended (not terminated) due to discussions I had with the client, and that the owner was unhappy about this.
I have been given a settlement agreement equivalent to one months payment, which reinforces that they are not terminating my contract due to a restructure. One of the provisos that I do not work for any competitor of the contractor within a 20 mile radius of their offices in central London, which excludes my ability to work in the area in which I live. I am also extremely unhappy that the client who promised me protection and anonymity when asking me the questions they did have now had a discussion with the contractor and given them my details. I do not believe that I will find suitable work within one month.
I have a couple of questions:
1. Am I able to ask the company to remove the clause regarding me not being able to work for a competitor within a 20 mile radius, as this essentially removes my ability to work within my current field of experience.
2. Is there anything I can do in terms of the fact that my request for anonymity has not been adhered to?
3. Am I able to negotiate the value of the settlement agreement to a more suitable sum, say 2 or 3 months of payment which will give me time to find suitable employment.

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

Customer: replied 1 year ago.
Thank you Ben. I look forward to your response.

Please can you just clarify, will you be on the payroll or will you still invoice them?

Customer: replied 1 year ago.
I have been paid a fixed monthly sum which was paid without invoice until 1 June 2016. As of 1 June 2016 I switched to a Limited company and started to raise monthly invoices. My contract was terminated on Wednesday 12 October and I will need to invoice them for the time I have worked.

OK, thank you for your response. 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. To answer your questions:

1. Yes you may certainly try to negotiate with them over the removal or amendment of this clause. If they are trying to impose a 20 mile radius from a point in London then that effectively excludes the whole of the city and that is generally seen as very wide as there is so much scope to work there without being in direct competition. So certainly try to at least reduce this, even if they do not remove it
2. Pursuing the failure to breach anonymity will be difficult to pursue. Legal action against the client will be rather difficult and what you can potentially get out of it will also likely make it rather underwhelming to justify you taking it further
3. Again, whilst there is nothing stopping you from doing this you have to consider what they are due to pay you as per contract. If your termination notice is less than that then they can always say that they do not have to pay you more. However, if you wish to try and use the whistleblowing as a potential leverage you can do this and say that if you refuse to accept the current offer you will consider a separate claim for whistleblowing so it is in their best interests to try and settle now by offering something more reasonable.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

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