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Advice for an individual trying to enforce a contract commitment made by a Plc

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  • Advice for an individual trying to enforce a contract commitment made by a Plc

    Hi there,

    I'd really appreciate some advice on a dispute that I have found myself in with a former employer.

    Background: I was contracted as an 'introducer' to identify new opportunities for a large media/tech agency. My role was to act on behalf of 'Supplier X' (the Plc) and cultivate relationships with prospective clients. If 'Supplier X' subsequently entered into a contract with a new client I had introduced, I would receive a commission on the total contract value. The boundaries of my relationship with Supplier X were all captured in a contract which was signed by the CFO of the Plc and myself.

    I initiated a process with a client, lets call them Client A, and Supplier X submitted a full application for the tender and were shortlisted as one of two preferred suppliers by Client A. For various reasons I ended my employment with Supplier X (on good terms), but my contract stayed valid for a further 12 months as the tender processes can just take a bit of time to complete. 3 months later I was told by Supplier X that their tender submission had failed and it had been awarded to a competitor. Then 6 months later, I learned that the competitors deal stalled and the contract was subsequently awarded to Supplier X.

    I wrote to Supplier X to remind them of their contractual obligation to me. Their response was to describe that my contract no longer stood because Client A had actually appointed a third-party supplier who then sub-contracted to Supplier X, therefore they owed me nothing.

    I wrote to them to say that the third-party is no grounds to side-step their obligations and that they needed to provide proof that they haven't simply entered into a contract with Client A as originally aimed for.

    At this point they sent me a letter which effectively stated that the burden of proof is on me and if I take the issue further they will 'vigorously defend themselves and pursue me for costs'

    Does anybody have any advice for how I should approach this?

    Many thanks in advance

    C


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