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  1. #421

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    Quote Originally Posted by mannka View Post
    Had had SC clearance and it was due to lapse , so started a new job worked on SC site for 8weeks but they did not transfer it from previous and now it has lapsed can I sue the company for not transferring it time, now I have to get another company to sponsor me so have missed out on a good contract which I obtained
    Yes you can sue anyone, and 9 times out of 10 you will win as the other party just doesn't bother to show up.

    The question to ask is should you sue, that is a different matter.

    I could give you a long winded response asking about what the pertinent details of the contract between yourself and the client are (as the original post is lacking of certain key information), which i assume is what you will be suing for breach of contract.

    As you can't sue for loss of earnings without proving you would have been out of pocket, as I (again) assume you had told the "good contract" you already had SC which in this case you didn't so that was a lie. (I would need to elaborate on the fact that SC only goes with the role, you do not hold SC, you have a role which requires SC so when you left the original sponsor you gave up your SC).

    Anyway back to the original matter, you can sue for breach of contract if the client did not fulfil their obligations, however if they did not transfer the CV I would guess the role at the SC site did not need the clearance (not all roles on an SC site do) and this they did not need to transfer, however the problem would be unless are direct you do not have a contract with the client, you have a contract with the agency in each case, so you can't sue a company for breach of contract when you didn't have a contract.

    TL;DR

    Don't be such an eejit and move onto the next role
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

    ― Marcus Aurelius

  2. #422

    My post count is Majestic

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    The key word is 'in time'. They turn up I court (after you've shelled out a lot of money) and prove it takes longer than you had and you will lose.
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