**termination with no notice - breach of contract**court case *help needed*

[NervousRexx]

Try listening to the experts on the thread.

[Wanderer]

The question is highly irrelevant, I'm afraid. The termination will have been effected by the client immediately terminating that engagement with the agency. The agency is obliged to pay any monies received to the worker, as per the Agency Regs, that is not in dispute. However, no money will have been paid.

How do you know that no money was paid? Or is that question irrelevant too?

You can't make a blanket statement that companies never pay notice periods because other people here have said they personally did get paid for an unworked notice period.

[malvolio]

How do you know that no money was paid? Or is that question irrelevant too?

You can't make a blanket statement that companies never pay notice periods because other people here have said they personally did get paid for an unworked notice period.

It rather depends on why they wre terminated. Early end of project, for example, I would expect to pay a notice period. Immediate disciplinary termination, as in this case, I wouldn't. After all, why would I want to reward failure?

[SueEllen]

It rather depends on why they wre terminated. Early end of project, for example, I would expect to pay a notice period. Immediate disciplinary termination, as in this case, I wouldn't. After all, why would I want to reward failure?

Unfortunately KC's ramblings don't make it clear what exactly is the technicality the case is being tried on.

This case may not be being heard on immediate disciplinary termination but slander.

[TheFaQQer]

That is another of my arguments - I DONT know! so they will have to prove in court that they did not receive notice or payment in lieu of notice to the JUDGE - & then it can be established if the process that took place was within th LAW!

Ummmm - no.

I'll translate the Latin for you - he who asserts must prove.

Your assert that they received money. You need to prove that. It's not for them to prove that they didn't get the money.

Which is one reason I think you will fail.

[TheFaQQer]

I'm v. serious about this & dont want a feak show - no matter how many hundreds of years of experience in contracting - our law is based on case law - unethical practices result in laws being made - i.e. we know when something is wrong & we then try to stop it happening again .. on a more pressing note - the agency have submitted NO WITNESS STATEMENTS - I've asked again even tho the deadline for the disclosure list has passed.. surely if there are no witnesses I can apply that they have no defence? they stated in court there would be statements from 'one of the big 5 retailers' but nothing & nothing either from the recruitment consultant! should I apply for summary judgement?

Just because they don't have any witness statements, it doesn't mean that they have no case.

It could mean that you have proved nothing, so there is nothing for them to defend.

[TheFaQQer]

I said WILL have no money - cos I'll take the whole lot out before! read!!! duh

If a director doesn't act in the interests of the company (and deliberately running down the funds to avoid payment that you know is looming), then they can come after that negligent director.

Also, don't you run the risk of being struck off as a director if your business goes bankrupt?

[TheFaQQer]

Ok fair enough (tough thread to follow)

So the case is based entirely on a guess that agency did receive notice period money?

Yes

No, it isn't a guess it's a question that the agency is refusing to answer.

The case is based on an assertion that they have money which is due to the OP. The fact that they won't answer a question is immaterial - they don't have to answer the question, so why should they?

[TheFaQQer]

Yes, absolutely. I'm not a lawyer but my understanding is that broadly speaking, the Agency Regulations require that money paid by the client to the agent must be paid on to the worker.

I disagree. The agency regulations make it clear that money that is for work which has been performed by the worker cannot be withheld. In this case, the OP is looking for money for work that they did not perform.

[KittyCat]

The Unfair Contract Terms Act 1977 (c 50) is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to both actual contract terms and notice that are seen to constitute a contractual obligation.

Also..

The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Regulations) govern the conduct of the private recruitment industry and establish a framework of minimum standards that clients, both work-seekers and hirers, are entitled to expect.

c)the length of notice of termination which the work-seeker will be required to give the employment business, and which he will be entitled to receive from the employment business, in respect of particular assignments with hirers;