Hello
This is my first post and I am sure I will be asked for more information along the way but I would like any advice or help on how to take a recruiter or end client to court over notice period payment being made. their reasons were citing I was in breach of contract terms but this is just being used as an excuse, it happen 18 months ago and I suffered server depression over this, lost the house I rented and lived in, built up debts through not being able to pay them and accepted they could do this to me, I have spoken with CAB and advise to send the letter I have copied below. I sent recorded delivery which they accepted then ignored so I have do down the conciliation route. The recruiter has blocked my mobile number so won’t accept calls unless I withhold my number, has blockled my email address as my mails bounce back and has refused to acknowledge my request/complaint,
After watching the shows on TV I have now seen ,I can infact take them to court as I had a signed contract B2B in place with a 4 week notice period, I was let go with no notice and no genuine proven reason why, this tells me I have a case but is my case with the recruitment company of the Director in person who counter signed my contract. Please see below
Dear Tim XXXX
I am writing in relation to the money that has been with-held from me in relation to the agreed and signed contract terms between <agency> and <myco>, I have taken professional advice and been advised that due to the that fact I have never received a written termination of contract or the exact terms I am accused of breaching in writing, I am not bound by the 3 months rule for a tribunal and therefore still within the time to go through early conciliation followed by a court hearing should we not reach a satisfactory conclusion.
CONCERNS
My reasons for this communication are as follows
1. I worked Friday 1st of Dec in the Bristol office and to date I have not been paid for my time, had my invoice rejected and no good reason given for withholding my rightful money
2. I worked with the clients knowledge after emailing my line manager from home making myself available to work as the terms of the contract and have not been paid this money, I received an email from <my line manager> on the Monday saying to me the he accepted I was at home and to work from home that day, this money has been withheld from me
3. Due to ill health I worked from home on Tues 2nd Dec and again emailed my line manager to say I would not be able to attend the office but I would be working from home, this was sent before 9am and made myself available work, in fact I chaired several online project meetings with global stakeholders and this included a 3 hour meeting with HR online in relation to project issues, this money has been withheld from me and the invoice rejected.
4. As per the terms, a breach of ill health would have meant unable to work for a period of 2 consecutive months, I was unable to attend the Bristol site for only 2 days that week, are you sure this would hold up in a court of law as a period of ill health for 2 days can happen to anyone and not a reason to cite Breach of terms and forfeit the contracted terms.
5. The contract states written notice MUST be given by both sides for either the end of contract or termination. To date I have received neither despite requests for both too numerous to count, however all emails sent have been saved. I have asked for the terms I was terminated in writing, you have failed to supply this, I have asked for my written termination notice, you have failed to supply.
OUTCOME.
I have been advised on the following
I am entitled and “lawfully entitled” to invoice and claim for the 3 days it was known I provided work to the client and delivered.
I am entitled and “lawfully entitled” to invoice and claim for the 1 months’ notice in writing, this has more weight behind it as I have never been told in writing the terms I have breached so I am now holding <agency> in breach of the agreed and signed terms of our contract. I also openly offered to attend the client’s site during this period to deliver a full handover and continue the progress of the projects; this was declined by Imperial however it was offered by my part so at no point was I simply walking away from my agreed terms
DEADLINE
I have also been strongly advised that I should ask for payment or a response within 3 working days of the date of this notice. It has been sent recorded delivery and signed for. I am also pursuing in the name of <agent> who is signed on the contract. Should we fail to reach an agreement I am instructed on how to proceed with an official tribunal which I will seek to do so.
Please find attached the invoice for the 3 days known to have been worked plus the 1 months’ notice period which will stand at 4 weeks’ pay.
Can anyone please direct me to a no win no fee type solicitor as this case is worth over 10K to m e and therefore one I could make payment from and keen to pursue.
This is my first post and I am sure I will be asked for more information along the way but I would like any advice or help on how to take a recruiter or end client to court over notice period payment being made. their reasons were citing I was in breach of contract terms but this is just being used as an excuse, it happen 18 months ago and I suffered server depression over this, lost the house I rented and lived in, built up debts through not being able to pay them and accepted they could do this to me, I have spoken with CAB and advise to send the letter I have copied below. I sent recorded delivery which they accepted then ignored so I have do down the conciliation route. The recruiter has blocked my mobile number so won’t accept calls unless I withhold my number, has blockled my email address as my mails bounce back and has refused to acknowledge my request/complaint,
After watching the shows on TV I have now seen ,I can infact take them to court as I had a signed contract B2B in place with a 4 week notice period, I was let go with no notice and no genuine proven reason why, this tells me I have a case but is my case with the recruitment company of the Director in person who counter signed my contract. Please see below
Dear Tim XXXX
I am writing in relation to the money that has been with-held from me in relation to the agreed and signed contract terms between <agency> and <myco>, I have taken professional advice and been advised that due to the that fact I have never received a written termination of contract or the exact terms I am accused of breaching in writing, I am not bound by the 3 months rule for a tribunal and therefore still within the time to go through early conciliation followed by a court hearing should we not reach a satisfactory conclusion.
CONCERNS
My reasons for this communication are as follows
1. I worked Friday 1st of Dec in the Bristol office and to date I have not been paid for my time, had my invoice rejected and no good reason given for withholding my rightful money
2. I worked with the clients knowledge after emailing my line manager from home making myself available to work as the terms of the contract and have not been paid this money, I received an email from <my line manager> on the Monday saying to me the he accepted I was at home and to work from home that day, this money has been withheld from me
3. Due to ill health I worked from home on Tues 2nd Dec and again emailed my line manager to say I would not be able to attend the office but I would be working from home, this was sent before 9am and made myself available work, in fact I chaired several online project meetings with global stakeholders and this included a 3 hour meeting with HR online in relation to project issues, this money has been withheld from me and the invoice rejected.
4. As per the terms, a breach of ill health would have meant unable to work for a period of 2 consecutive months, I was unable to attend the Bristol site for only 2 days that week, are you sure this would hold up in a court of law as a period of ill health for 2 days can happen to anyone and not a reason to cite Breach of terms and forfeit the contracted terms.
5. The contract states written notice MUST be given by both sides for either the end of contract or termination. To date I have received neither despite requests for both too numerous to count, however all emails sent have been saved. I have asked for the terms I was terminated in writing, you have failed to supply this, I have asked for my written termination notice, you have failed to supply.
OUTCOME.
I have been advised on the following
I am entitled and “lawfully entitled” to invoice and claim for the 3 days it was known I provided work to the client and delivered.
I am entitled and “lawfully entitled” to invoice and claim for the 1 months’ notice in writing, this has more weight behind it as I have never been told in writing the terms I have breached so I am now holding <agency> in breach of the agreed and signed terms of our contract. I also openly offered to attend the client’s site during this period to deliver a full handover and continue the progress of the projects; this was declined by Imperial however it was offered by my part so at no point was I simply walking away from my agreed terms
DEADLINE
I have also been strongly advised that I should ask for payment or a response within 3 working days of the date of this notice. It has been sent recorded delivery and signed for. I am also pursuing in the name of <agent> who is signed on the contract. Should we fail to reach an agreement I am instructed on how to proceed with an official tribunal which I will seek to do so.
Please find attached the invoice for the 3 days known to have been worked plus the 1 months’ notice period which will stand at 4 weeks’ pay.
Can anyone please direct me to a no win no fee type solicitor as this case is worth over 10K to m e and therefore one I could make payment from and keen to pursue.
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