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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7682
Experience:  Solicitor
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I have had 3 contracts cancelled by a consulting company

Customer Question

I have had 3 contracts cancelled by a consulting company without notice and without compensation. As a contractor do I have a case?
Assistant: Where are you? It matters because laws vary by location.
Customer: Contracted by a UK company as a South African with indefinite leave to remain in the UK
Assistant: What steps have you taken so far?
Customer: Nothing as yet
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Do contractors have rights?
Submitted: 9 days ago.
Category: Law
Expert:  Ben Jones replied 9 days ago.

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

Expert:  Ben Jones replied 9 days ago.

Have they been cancelled before they even started?

Customer: replied 9 days ago.
I paid and responded to the above but it just takes me back to this
Customer: replied 9 days ago.
No, my contracts were each for 1 year each. 1st Contract cancelled with notice as client advised them however they failed to advise me, second contract I arrived and client advised they were looking for permanent and not a contractor and 3rd due to a visa issue after 3 months contracting in Australia. They were responsible for this visa.What have you tried so far?: Nothing
Expert:  Jamie-Law replied 8 days ago.

Hello my name is ***** ***** I will help you with this.

Do the contracts allow them to be cancelled?

Customer: replied 8 days ago.
There is no cancellation period on the contracts only an start date and end date
Expert:  Jamie-Law replied 8 days ago.

Does the contract cover a minimum period?

Customer: replied 8 days ago.
1 year
Expert:  Jamie-Law replied 8 days ago.

Ok -does it set out what you are expected to make?

Customer: replied 8 days ago.
it is a daily rate paid in arrears
Expert:  Jamie-Law replied 8 days ago.

Ok -I can advise what to do if it was a UK company, but it may be you have to sue there in South Africa

You need to write and set out your losses and request payment for loss within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

If it is more than £10k you would need a public access Barrister to draft pleadings and represent you in Court.

You can find one at:

www.clerksroomdirect.com

www.mybarrister.co.uk

You can probably only claim for loss of profit - as you wont have the expenses of working. So these sums would need to be deducted.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 2 days ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.