Contract Breach (Received Letter from Solicitor)..Please help..

[Ongole]

Funnily enough, this is approximately the position I find myself. We'll see what the judge says.

when are you going to see Judge ? any news on your situation ?. Thanks Greg

[Ongole]

just make sure you respond in such a way that you don't simply provide evidence of what you've done. Leave the evidential burden to them.

Thanks

[SimonMac]

Who was the client on your original contract?

If it was the consultancy, then you're not in breach - you're now working for the PS body.

Arguably, you're employed by the umbrella, therefore not providing services or products "directly".

IANAL


(and it's advice )

Usually there is a line in the handcuff clause along the lines.... "client or customer of client"

I could potentially be in a similar boat, so will watch with interest!

[Lance]

Thanks. I will not share any details.
The job i am doing now is complete different from what i was doing. My project , my role and line manager, everything is different.

that is important. If the agency/consulatncy try to claim anything legally it will be on the basis of losses they've incurred.
If they are not able to offer what yiou are now doing, for whatever reason, it weakens their case against you. Still got the handcluff clauses to worry about though. I do think you need to talk to a legal expert though. It will cost around £1500 (pay that from your company while you can) but IMO is well worth it against the potential losses (6 months at consulancy rates could easily exceed £100k).

[SimonMac]

Any update?

Depending on if the opt out was done correctly (most aren't) the The Conduct of Employment Agencies and Employment Businesses Regulations 2003 state the maximum handcuff clause is 14 weeks from the start or 8 weeks from the end of an engagement.

(4) Any term of a contract between an employment business and a hirer which is contingent on any of the following events, namely a work-seeker—

(a)taking up employment with the hirer;
(b)taking up employment with any person (other than the hirer) to whom the hirer has introduced him; or
(c)working for the hirer pursuant to being supplied by another employment business,
is unenforceable by the employment business in relation to the event concerned where the work-seeker begins such employment or begins working for the hirer pursuant to being supplied by another employment business, as the case may be, after the end of the relevant period.

(5) In paragraph (4), “the relevant period” means whichever of the following periods ends later, namely—

(a)the period of 8 weeks commencing on the day after the day on which the work-seeker last worked for the hirer pursuant to being supplied by the employment business; or
(b)subject to paragraph (6), the period of 14 weeks commencing on the first day on which the work-seeker worked for the hirer pursuant to the supply of that work-seeker to that hirer by the employment business.

Pay the £2800 and offset it against your corp tax

[Lance]

Any update?

Depending on if the opt out was done correctly (most aren't) the The Conduct of Employment Agencies and Employment Businesses Regulations 2003 state the maximum handcuff clause is 14 weeks from the start or 8 weeks from the end of an engagement.



Pay the £2800 and offset it against your corp tax

cool. I didn't know that.

But rather than pay the £2800, I'd string it out a little and be happy to settle for half that as it's less than a lawyer would cost.

[Old Greg]

when are you going to see Judge ? any news on your situation ?. Thanks Greg

Still trying to get a date. MyCo is suing PimpCo for non payment of final invoices. PimpCo is counterclaiming for damages following breach of non compete clause.