• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Failure to comply with terms of contract on termination

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Failure to comply with terms of contract on termination

    Hello,

    This relates to the improper termination of security a services contract set to end on the 9th April 2011. I was informed by email on the 25th November 2010 that the contract would terminate on the 27th November 2010. I am of the view that the contract was unlawfully terminated.

    Clause 2.1 of my agreement specified a minimum 2 week notice period. This was not adhered to and I have therefore suffered the loss of earnings of 2 weeks work. In addition invoices were paid late and there was a 1% per day penalty clause included in my contract. This penalty fee has not been made.

    I was forced to instruct a legal firm to forward Letter Before Action to the client to ensure they paid me. They reviewed my claim and believed I had a case. They paid two outstanding invoices and have made any accusation of improper misconduct and improper behaviour towards myself or my subcontractors. While they have paid my 2 outstanding invoices they have paid the either the 2 weeks notice period or the late payment penalty fees.

    The remaining claim is less the £5k making it a small claims issue. I understand that I make this through Money Claim online. My issue is the correct compilation of the particular of claim. I would have continued with the lawyers but as they were asking for £3k of £4k claim I thought that a bit steep.

    Can I do this myself or will I need in fact a solicitor, very expensive alternative, to do this for me? Any pointers would be much appreciated?

    I have attached a document with the pertinent parts of my contract included.

    Thanks



    Ony101
    Last edited by ony101; 26th January 2011, 18:33:PM. Reason: Omitted to attach file
    Tags: None

  • #2
    Re: Failure to comply with terms of contract on termination

    Are you YY Ltd ? or subcontracted to YY Ltd ?


    Sorry from those extracts it isnt clear.

    Who terminated and did they give a reason at all ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Failure to comply with terms of contract on termination

      Sorry your right it isn't clear. I am YY and we were not subcontracted.

      The client XX terminated the agreement. Their claim was that I had poor staff and that they needed to ensure the safety of their customers. In truth I had a turbulent relationship with the owner. That said as per the terms of the contract no formal warning or claim of misconduct was ever given or asserted during my employment. Neither was one ever sent to me after termination. There was never an incident recorded when I was there. In fact I am aware that the firm that came after me had several fights with the public and were let go in little over a month. I was there for a year.

      I'm not looking for compensation just compliance with the terms of the agreement.
      Am I not correct then that given the terms of the contract, and the fact that no notice or written warnings were ever given that they are obliged to pay me the late fees and 2 weeks notice?

      Thx

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X