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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70855
Experience:  Qualified Solicitor
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Ben We has an a relief manager from a recruitment company

Customer Question

Hi BenWe has an a relief manager from a recruitment company who signed a 4- year contract for air freshner units. She was told that it was a free trial. While signing for a free trial paperwork, a contract was also signed which was filled in later.If she is not directly an employee of the company, where do I stand?
Submitted: 11 days ago.
Category: Law
Expert:  Ben Jones replied 11 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 11 days ago.

Hi there. What were the terms of the free trial? If possible, please upload all documents on here and please also tell me how long ago this was?

Customer: replied 11 days ago.
how do i uplaod the documents
Expert:  Ben Jones replied 11 days ago.

There are a few ways to send a photo or file. Please click the upload icon on the reply box in your question.
- A pop-up window will open. Locate the file on your device, click it once, then click Open.
- A link representing your photo or file should now appear below the reply box on your question page. Insert text in the reply box and click the Send button to send your photo or file to me
- To send a photo or file, it must be 5MB or less. If your photo or file is larger than 5MB, please resize it or send it to customer support at***@******.*** (please note this is a central inbox and often it may take at least a couple of days to reach me)

Alternatively, please use a third party file sharing service, such as Dropbox, MediaFire, Google Drive, etc. and share the document links on here

Customer: replied 11 days ago.
Iy says "Reply here" in the box. There are no icons. Am i looking at a wrong box?
Expert:  Ben Jones replied 11 days ago.

Hi there. I am not sure but if you try one of the other methods, I will let you know when I receive the attachment

Customer: replied 11 days ago.
I have just emailed the attachements. Can you please have a look at this when you get a moment as I have a telelphone call with the small claims court in few hours time
Expert:  Ben Jones replied 11 days ago.

OK leave it with me and I will let you know if I have received them. Thank you

Customer: replied 11 days ago.
Thanks, ***** *****'t worry as I have just had a call from the Tribunals Service that they are going to call me in 10 minutes. Thank you for all your help
Expert:  Ben Jones replied 11 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. I note you said you do not need any help but I will provide an answer anyway and it may come in handy still.

I assume you are asking about the legality of such a contract being entered into by a relief manager who has not directly employed by the company. In that case, it would not make the contract automatically invalid or unenforceable, as the main consideration is whether that person had the authority to enter into such contracts in the first place. It could easily be the case that someone is not directly employed by your company, but they are given the authority to make certain business decisions and even enter into contracts on behalf of the company. It will very much depend on what their authority was and what you had authorised them to do. Even if you did not specifically mention that they can enter into such a contract, a relevant factor would be whether a person in that job, if employed directly, would normally be able to do this.

If it is clear that they had no authority to enter into such contracts and they went way outside of what they were authorised to do, you could potentially try and challenge this as being an invalid contract. The issue is that only a contract can determine if this is the case, assuming the provider is not willing to accept this.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 11 days ago.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.