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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I am the manager of a vocational training provision working

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I am the manager of a vocational training provision working with 14-19 year olds and for the past 4 years our organisation have had a sub-contract to train young people aged between 16-19 years. The organisation that we subcontracted from get their funding from the EFA (Education Funding Agency) they then dispense it out to various partners who reach their milestones and outputs for qualifications Our organisation always have and exceed the levels required.
In July 2016 our funder had an Ofsted inspection and received a grade of inadequate and the EFA removed their contract. Our new contract with them should have started with them until 1st August 2016 and we had already recruited 55 young people and had all the staff in place FOR A September start. Our Funder knew this and told us not to recruit anymore students, they also told us that they had put in an appeal to the EFA and would be told on 1st September 2016 if they were going to keep their contract.
On the 1st September YPOP started the new training year with 16 staff and 55 young people, that same day our funders informed us that they did not win their appeal to the EFA and they would no longer be able to offer a subcontract.
In the contract we have with our funders if we want to end the contract we have to give them 3 months notice but they only have to give us 1 months notice. They gave our project 1 months verbal notice on 1st September 2016. I invoiced the funders for our staff wage for September and so far I have not heard from them.
Do I have the legal right to demand payment for the expenses incurred in staff wages for September 2016?
Any help and advice you can give my organisation would be very gratefully accepted, we are a small charity and relia on our funding to survive.

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

Have they given any indication as to whether or not they are prepared to cover this or any other costs?

Customer: replied 1 year ago.
Hi Ben,No they have just ignored our request for payment

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. If they were contractually obliged to give you a month’s notice then you can expect that and for them to cover any obligations they have for that period. Try and see it in a way that this month should be treated in the same way as if they had been allowed to work normally during that time and you had been able to invoice them as normal. So you should basically not be put in a position where you should suffer losses during that month for fees, expenses, etc. On that basis you can consider pursuing them further if necessary.

Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. 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 debtor to voluntarily pay what is due.

2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, 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 recover the debt. 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. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here:

4. If you wish to go down the legal route instead of a statutory demand, a claim can be commenced online by going to Once the claim form is completed it will be sent to the debtor 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.

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

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.

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