Unsigned contract - invoiced fine. PLEASE HELP!

[bigproblem2012]

Hi,
I own a business where all the staff are self employed as and when jobs come up.
I used an agency to provide staff but the staff they sent were unsuitable but were used because of staff shortages. I paid for said staff and had no problems at all.
The next day the agency sent only 1 staff member when there was meant to be two - however the one sent was good at his job.
My manager spoke to the managing director of the agency and raised our issues to which an argument broke out that ended in her stating "so lets call it a day then" to which my manager agreed - however she now states she didnt say that BUT after that conversation she didnt send anymore staff.

A few days after that the good staff member approached us and asked if we had any work - to which we replied yes but that we werent working with the agency anymore so he would have to check it over with them first.
He replied that he was self employed and just did some casual work for he wasnt paid cash in hand but she used to make transfers to his bank for the work he did - she never asked him for NI numbers or tax codes.

we gave him some work but the agency has now invoiced us for £2000 for a fine for "solitication of staff"??

We also never signed a contract with her as she claims there wasnt time and although a contract was mentioned and we recieved a copy this solicitation clause was never even brought up.

She is now saying she is going to take us to court for the money?
She can't do this can she??

Thanks in Advance

[MyUserName]

Probably not, sounds like a right cowboy outfit. Ignore it unless the court papers arrive IMHO.

[JamJarST]

What is your solicitor's opinion on the matter?

[eek]

Probably not, sounds like a right cowboy outfit. Ignore it unless the court papers arrive IMHO.

+1. Its all bluster until they go to court which I doubt they will do. Cash in hand payment to workers would have me reporting them to HMRC for investigation.

[Safe Collections]

It is quite common for agencies to include a clause that states they are entitled to payment if a worker they supply is subsequently engaged.

But generally you would need to be relying on a signed agreement between the parties. Without a signature or proof that the contract is deemed to be in force (say an email confirming a placement is sent after the contract is supplied) they will undoubtedly struggle to prove the have a right to this payment.

Write back to the agent stating the claim is disputed as it was not agreed and the agency failed to deliver on the promises made. They may try and coerce you into paying, threats of court for instance but is doesn't sound like they have a realistic claim to us.

If worried speak to a legal professional

[JamJarST]

It is quite common for agencies to include a clause that states they are entitled to payment if a worker they supply is subsequently engaged.

But generally you would need to be relying on a signed agreement between the parties. Without a signature or proof that the contract is deemed to be in force (say an email confirming a placement is sent after the contract is supplied) they will undoubtedly struggle to prove the have a right to this payment.

Write back to the agent stating the claim is disputed as it was not agreed and the agency failed to deliver on the promises made. They may try and coerce you into paying, threats of court for instance but is doesn't sound like they have a realistic claim to us.

If worried speak to a legal professional

Surely that is the first thing anyone should do when threatened with court ... Should come before asking a bunch of contractors on the internets.

[psychocandy]

Theoretically, anyone can send you a bill for £2K and say pay up.

Doesnt mean thats its legal or they can enforce it.

[JamJarST]

Theoretically, anyone can send you a bill for £2K and say pay up.

Doesnt mean thats its legal or they can enforce it.

Whilst that is true, it has nothing to do with this thread though does it! It is someone that they have done business with in the past, and who supplied the staff that they now employ directly.

[Safe Collections]

Surely that is the first thing anyone should do when threatened with court ... Should come before asking a bunch of contractors on the internets.

Probably, but it sounds more like they just wanted some general "surely this isn't possible?" reassurance rather than legal advice

[JamJarST]

Probably, but it sounds more like they just wanted some general "surely this isn't possible?" reassurance rather than legal advice

Yeah but it is possible.