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Legal Action by Employment Business

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    #41
    Originally posted by mdhd View Post
    Not really sure why they calling it breach? Any ideas?
    As I stated above an agency's legal team doesn't equal a solicitor.

    They are claiming that you didn't give them two weeks written notice so you breached the contract. However you have stated you have given them two weeks written notice.

    As long as you can prove it then tell them to p*ss off.
    "You’re just a bad memory who doesn’t know when to go away" JR

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      #42
      The Notice period clause is in Schedule (first part of the image). Is that what you meant?

      Thanks for all your help.

      Originally posted by SueEllen View Post
      As I stated above an agency's legal team doesn't equal a solicitor.

      They are claiming that you didn't give them two weeks written notice so you breached the contract. However you have stated you have given them two weeks written notice.

      As long as you can prove it then tell them to p*ss off.

      Comment


        #43
        Originally posted by mdhd View Post
        Here is i have compiled Schedule, Termination Clause and Legal notice

        Don't know about anyone else, but I only see a tiny 100x180 px image there so can't read any of the text.
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          #44
          Sorry, looks like some problem with image url. Here is the full one View image: legal notice fiasco

          Comment


            #45
            ...

            Originally posted by mdhd View Post
            The Notice period clause is in Schedule (first part of the image). Is that what you meant?

            Thanks for all your help.
            It is not clear who the legal notice is from. It could easily be one of those cark park 'Polite Notices' that with a quick glance looks like 'Police Notice' It is quite possibly prepared by their in house janitor and holds no legal weight whatsoever.

            Before you do anything else, supply them with a (recorded delivery) copy of your termination notice and a notification that you will be charging daily rate for any additional effort you are required to spend on such a frivolous matter.

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              #46
              Came from a solicitor firm. Looks like they were given wrong impression that notice was served one day later. I emailed the agency on 17th, and in legal notice states 18th.

              The tricky bit here is, from 17th, 2 weeks end on 30th September, i.e. one day before contract was due to start.

              Originally posted by tractor View Post
              It is not clear who the legal notice is from. It could easily be one of those cark park 'Polite Notices' that with a quick glance looks like 'Police Notice' It is quite possibly prepared by their in house janitor and holds no legal weight whatsoever.

              Before you do anything else, supply them with a (recorded delivery) copy of your termination notice and a notification that you will be charging daily rate for any additional effort you are required to spend on such a frivolous matter.

              Comment


                #47
                Originally posted by mdhd View Post
                The Notice period clause is in Schedule (first part of the image). Is that what you meant?

                Thanks for all your help.
                The facts presented don't seem to be in dispute - you agree with them.

                Then refer them to their point (ii) which clearly states that you need to give two weeks notice. Point out that you did this as per the contract on whatever the date was.

                I would also refer them to the response given in the case of Arkell v Pressdram.
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                  #48
                  Originally posted by tractor View Post
                  It is not clear who the legal notice is from. It could easily be one of those cark park 'Polite Notices' that with a quick glance looks like 'Police Notice' It is quite possibly prepared by their in house janitor and holds no legal weight whatsoever.

                  Before you do anything else, supply them with a (recorded delivery) copy of your termination notice and a notification that you will be charging daily rate for any additional effort you are required to spend on such a frivolous matter.
                  Also, send them a couple of references to sweeten the pill.

                  Comment


                    #49
                    Any sample for sending out letter stating charges for any extra effort to be put in this case?

                    Originally posted by tractor View Post
                    It is not clear who the legal notice is from. It could easily be one of those cark park 'Polite Notices' that with a quick glance looks like 'Police Notice' It is quite possibly prepared by their in house janitor and holds no legal weight whatsoever.

                    Before you do anything else, supply them with a (recorded delivery) copy of your termination notice and a notification that you will be charging daily rate for any additional effort you are required to spend on such a frivolous matter.

                    Comment


                      #50
                      ...

                      Originally posted by mdhd View Post
                      Any sample for sending out letter stating charges for any extra effort to be put in this case?
                      The remark was kinda tongue in cheek but I am sure I read articles of people doing this and actually being successful. Probably Googling would be your best bet.

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