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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1725
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I am an IT contractor who was working on an assignment via

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Hello I am an IT contractor who was working on an assignment via an agency agency has terminated the contract with no notice and before terminating the contract the assignment was put on hold and not paid for over two weeks whih is over the time of allowed suspension as per contract
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: with the agency yes and they are not willing to pay for the fees related to the days which were over the allowable assignment suspension of two weeks there is a clause in the contract which is in my favour: 3.1 Talent International (UK) Ltd shall be entitled to suspend the Assignment for up to 2 weeks without
the payment of Fees in the event of a Client request for such suspension or in the event Talent
International (UK) Ltd enters into a dispute with the Client over the supply of Services by the
Contractor. but two clauses in favour of the agency
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: 8.4 'In the event that the contract between Talent International (UK) Ltd and the Client for the services of the
Contractor is terminated for any reason the Assignment shall cease with immediate effect,
without notice and without liability on the part of Talent International (UK) Ltd.'
and 5.3
'The Fees are payable within 14 days from the date of a self bill invoice. Payment of fees may be
withheld if Talent International (UK) Ltd does not receive, or has a proper reason to believe that
it may not receive, payment from the Client for any period of service' I am a Contractor operating via Limited company looking at the clauses above, do I have grounds to claim the fees for the days the assignemnt was suspended for over the two weeks as per clause 3.1?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no that's it thank you

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

As you are not an Employee or a Worker, you do not have the right to issue Proceedings in the Employment Tribunal for Unfair Dismissal.   You must issue Proceedings for Breach of Contract in the County Courts for your unpaid fees.

You should send a Letter of Claim to the Client.  The consumer protection advice magazine/website “Which?” has a useful template (for supplier-customer disputes) which you can adapt to your claim: https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim.

If the Client does not reply with their reasons for disputing the claim within 21 days, you should issue court proceedings via the Government’s Small Claims Track Online System: https://www.gov.uk/make-money-claim.  The issue fee will be no more than £410.00 for a claim worth up to £10,000.00 damages.

A party cannot normally recover solicitors’ costs on the Small Claims Track.   However, it is designed for non-lawyers (known as “Litigants In Person”).  The trials are relatively informal, and the judges do not expect parties to have the same legal knowledge as experienced solicitors and barristers.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd

Customer: replied 3 days ago.
Hello Ed,Thank you for your response. I am just curious to understand, based on the 3 contract clauses I sent, if you believe I have enough grounds to claim for the unpaid fees due to the fact the agency has supended the assignment for over two weeks and then terminated the contract. They say that because they terminated the contract they ha no liabilities as per clause 8.4, but i guess they would have no more liabilities going forward, after the termination, not for previous unpaid fees, Is my understanding correct? They could still invoke clause 5.3 as they have not been paid by the end client and therefore fees may be withdeld as per clause 5.3I have already opened a small claims for this but good to know what chances there are to win it based on these contract clauses.Thank you

Yes, I think that your understanding of the contract and claim that the agency is in breach has a 51% chance of success.

Customer: replied 3 days ago.
OK, well seems like a toss of a coin. There is some more argument in my favour which is the agency knew the client wasn't paying them since over two months and the agency has not warned the contractors, including myself, about the risk the contract might be terminated. We were also put on hold/assignment suspended, at no notice and with no explanation, so to me invoking those clauses from a defendand point of view has less value than the bad faith in not warning of the risk the contract might be terminated, when they were aware the end client wasn't paying. I beileve they had a moral obligation to warn all contractors hired about that risk.
would that increase the chances of success by a bit? :) Thank you

I have answered your questions as far as I am able to on the Portal.   Obviously, there is a limited amount of advice I can give based on a few lines of text on the Just Answer instant messaging Portal.  Very often the best I can do is “point you in the right direction” for the sake of seeking more detailed advice.

If you want further bespoke advice, I need to review all relevant correspondence and documents and advise in a telephone call.

I will place an offer of a Premium Service Phone Call Request through on the Portal.  If you do not want this additional service, I wish you all the very best in resolving this matter and of course for safely navigating the current “choppy waters” in which we all find ourselves.

Kind regards

LawyerEd

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