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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 17324
Experience:  Solicitor
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Inspired Learners is a personal teaching service offering

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JA: Hello. How can I help?
Customer: Inspired Learners is a personal teaching service offering support to schools by placing a sub contract teaching support relevant to the special needs that the child. We secured a contract with a primary school and a contract was drawn up outlining the sub contractor name and level of support and fee £70 an hour. The school agreed to the contract and it has been running smoothly. However the contractor has found out that we are charging £70 an hour and she receives £50 an hour and has told us that she has informed the school and will be taking the contract up with them independently as with immediate effect. We have informed her that she cannot do this mid way through the contract and we would fulfil the contract with another play therapist under the brand. She can then tender for the contract in July when it finishes with IL. What rights do we have and how should we handle this?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: UK I will speak to a lawyer if recommended.
JA: What steps have you taken so far?
Customer: Explained to her the breakdown of costs and why we have charged £70 an hour but she is not interested and tried to speak to the school but they are continuously busy as we think they have had a meeting with her directly
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Can you let me know the charges please before you connect me?
Customer: replied 5 months ago.
Not sure if you have already received this question or not? But we secured a contract with a school to provide specialist teaching support, we engaged with our sub contractor who agreed to do the work for £50 an hour, our cost to the school was agreed at £70 an hour. The sub contract found this out and wants to cancel our contract so that she can work for the school directly. We have tried to talk to her and tell her that she cannot and we have an agreed contract to fill until July but she is not interested and has clearly spoken to the school directly. We have tried to explain to her how the costs is allocated and that we agreed the hourly rate with her when we tendered for the work but she is not accepting it at all. What can we do as we do not want to fulfil the contract but if the school want her and she wants to work directly for the school what steps can we take to ensure that we have not lost a huge amount of revenue? How would I word a letter to both the school (our client) and her (the sub contractor) to try and salvage the contract.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What is it you want to achieve please?

Customer: replied 5 months ago.
I really don't want to lose the value of the contract and either the school pay the length of the contract or the sub contractor buys the contract off us. is that even possible if she is the named person in the contract as the sub contractor working under our brand.

I agree. The contract needs to be paid off.

You need to write a letter, set out your losses and request payment within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 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.

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

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 5 months ago.
even though our sub contractor is named in the contract directly with the school we can still ask the school to pay us the value of the contract up to July and end the relationship with immediate effect if the school no longer wishes to work with us?


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