IR35-friendly company suggesting legal action for non-exclusive working...

[shaftedcontractor]

A company that I've recently been contracted to has now suggested legal action as I didn't work exclusively for them (although I put in more than the contracted hours) while telecommuting. I also have a suspicion that they may withhold payment on my last invoice.

They are claiming breach of contract. There is nothing about it in my contract and only dubiously worded versions in emails (that aren't clear).

What are the groups thoughts? Surely as a Ltd Company they can't restrict me from trading and withholding my last payment should be a fairly simple legal action?

Any advice?

I am a PCG member.


Shafted Contractor

[Ardesco]

They seem to be slightly clueless. They can't stop you from working on other things through your LTD company and are morons if they think they can.

If you delivered everything stipulated in your contract they have no grounds to withold payment and if they don't pay you you can claim interest on the late payment and take them to court. May be worth having a little chat with somebody in the company that has a rough idea of how legal proceedings work, when they realise they are just wasting thier money when there is nothing they can do they will prolly roll over and give you your money.

[shaftedcontractor]

Thanks Ardesco.

To be honest, I've spoken to a solicitor and she says the same thing. Unfortunately it looks like this month's wages are going to be delayed until the court action... :-(

It's a shame it's all turned like this. The contact I have at the company feels that I shouldn't have been working outside of their contract, so is in agreement with the company owners.

Anyway, there's still another hour or two of the day left so hopefully they'll come back with something more sensible.

[Ardesco]

Well if they really thought that they should have put a specific clause into your contract stating that and increased your rate accordingly to compensate for your loss of income from other ventures.

Ask them if they would agree to only sell thier products/services to 1 customer only. When you get a stunned silence, or a "don't be stupid" you can reply with "EXACTLY!!!, now gimmie my money you fkuctards!!"

[shaftedcontractor]

LOL!!!

Thanks Ardesco, that really cheered me up on a day like today.

Anyway, I'll see what they come back with and post back here.

[Xenophon]

"EXACTLY!!!, now gimmie my money you fkuctards!!"

Always a good line when chasing unpaid invoices I find.

[Pondlife]

Have you tried the PCG legal helpline? You're a paid up member so might as well use the benefits.

Also it wasn't clear (or I skimmed over it) but the additional work was for other clients and not the one your agency is contracted to. i.e. you weren't doing a bit of extra work for them and invoicing separately?

[shaftedcontractor]

Have you tried the PCG legal helpline? You're a paid up member so might as well use the benefits.

Thanks for the hint, I'll give that a go.

Also it wasn't clear (or I skimmed over it) but the additional work was for other clients and not the one your agency is contracted to. i.e. you weren't doing a bit of extra work for them and invoicing separately?

Yes, the additional work was for other clients. They were under some impression that my Limited Company was to work exclusively for them, even though it says nothing about it in my contract.

[Sockpuppet]

Thanks for the hint, I'll give that a go.



Yes, the additional work was for other clients. They were under some impression that my Limited Company was to work exclusively for them, even though it says nothing about it in my contract.

If I were you'd I'll tell them how much interest you are going to start charging them on what they owe you and get your solicitor to write a strongly worded letter stating the fact.

Hell, better still send them a link to thread and we can laugh at them...if that doesnt make a point they deserve to get shafted in the courts.

[Pondlife]

Yes, the additional work was for other clients. They were under some impression that my Limited Company was to work exclusively for them, even though it says nothing about it in my contract.

Feck 'em - time to take it to the mattressess (sp?)