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

[KittyCat]

Court Case moving along nicely!

I do wonder what planet some of you guys are on - you do realise companies & individuals can be fined, struck off & imprisoned for being unethical! Also I never said that I did not know whether I had contracted out!

With regard to the case both parties have submitted disclosure statements and Statement of Special Damages - interestingly the Agency have not submitted ANY witness statements! They had previously sent one to myself & the court from the Recruitment Consultant - the consultant stated they had discussions with the client prior to the termination - but I have an email stating they only knew the day they told me. One of my arguments will be, if it was known, then my company should have been informed & the opportunity to rectify or replace the contractor OR if they acted immediately then they did not follow procedures laid down in legislation which they are to abide by. Also they have no information disclosed from prior to the date it happened - so its clearly a backtracking exercise - & it does'nt look like the client will support. Like I say I have a number of arguments. My manager never said anything to me, I went home as usual on the Thurs with the company laptop to work at home on the Friday. I was praised & thanked by my boss that day! the coward needed a scapegoat for his f**k Up & I'm not the first. If Agencies choose to support bad practices then they will find themselves in court. If everyone rolled over like some of you spineless 'cant be botherers' this country would be a bigger mess. Just for information I've represented myself twice (won both) have had 2 cases settle within days of going to trial (I got everything I wanted) & have lost count of the amount of times I have pursued breaches of consumer law for myself & family/friends (won all) - I've studied business law & am charging my time as Grade D National 1 - as I can!!! AND I'm a brilliant speller okai (just to annoy).

[b0redom]

What does your contract say about MOO? Assuming you have a standard IR35 proof contract it will state that the company has no obligation to offer you work during the period of the contract. Similarly you have no obligation to take work.

I believe that in order to have ANY case you need to demonstrate material loss. As soon as the agent points to that clause your case will fall apart.

Good luck and all that, but I suspect you're completely deluded and your time would be way better spent sobbing into your beer.

[KittyCat]

Lots of Beers

No contract does not state that anywhere

ask me another

I'll be buying LOTS of biers when I win .. & supping with tears of joy

[TheFaQQer]

When you win, just post the case details and the court so we can all learn from your valuable legal expertise.

[northernladuk]

When you win, just post the case details and the court so we can all learn from your valuable legal expertise.

Oddly enough I don't doubt that kitty will win or come to an agreement before court that they see as a win but it is the stress to result factor that comes to play here. It just seems too much hassle but...... the last posts reminds me of one of my friends who is permie. Everytime he gets finished (once redundancy, once the boot) and same for his wife, whatever the reason he goes straight to an employment lawyer. He blows his moan up in to a huge issue whether he was given the boot rightly or wrongly and starts procedings. Unfortunately in every case he has pushed he has won or has had the ex-employer to fold and give him a few more K in redundancy or 'keep quiet money'. He thinks he is utterly invincible now and can take on any business similar the OP's second to last post. Reality is they just put a couple of K in to get shut of him so they can get on with their business.

What he doesnt' realise is what a twunt he sounds gobbing off about it, how many burnt bridges he has and a noticeble lack of friends/colleagues that keep in touch for old companies. Very sad state of affairs.

[craig1]

I do wonder what planet some of you guys are on - you do realise companies & individuals can be fined, struck off & imprisoned for being unethical!

Can you give us some real-life examples with links to credible sources please?

You'll probably find that all of the examples of unethical treatment are also illegal. There's a huge difference between "unethical and illegal" and simply "unethical". Your treatment was clearly unethical but very, very legal based on the facts you've presented.

[KittyCat]

Unethical & Illegal

Ummm... dont you read the news - there's quite a big case at the moment about unethical practices..

In terms of my case its illegal as well have a look at 'The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Regulations) see Reg 15c & 17 (c).

Also lying in a witness statement wont go down too well in court

Above all - they still have not PROVED they were NOT paid by the client (if they were & are withholding that is illegal) - you <removed by moderator> may take anyones word for it when you get dumped with no money - I dont.

[craig1]

Ummm... dont you read the news - there's quite a big case at the moment about unethical practices..

In terms of my case its illegal as well have a look at 'The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Regulations) see Reg 15c & 17 (c).

Also lying in a witness statement wont go down too well in court

Above all - they still have not PROVED they were NOT paid by the client (if they were & are withholding that is illegal) - you dumbass's may take anyones word for it when you get dumped with no money - I dont.

They're unethical and ILLEGAL practices! FFS...

They do not need to prove anything to you about their payments from the client. That's a 100% separate contract that's none of your business. Your contract says they can bin you at a minute's notice, they have, you have no rights to see anything else.

NLUK's point above is right, I think. If that mythical contractor blacklist ever did exist then I think you'd be #1 on that list.

[KittyCat]

Bloody hell cant you read! I take it your a cleaning contractor or something

My contract DOES'NT say they can bin me at a min notice - it says in agreement with the CLIENT!!!!!!!

And a company cannot hold onto monies that was not intended for them - the regulations state they cannot refuse to pay even if the client has'nt paid them.

<<Removed by moderator>>

[craig1]

Bloody hell cant you read! I take it your a cleaning contractor or something

My contract DOES'NT say they can bin me at a min notice - it says in agreement with the CLIENT!!!!!!!

And a company cannot hold onto monies that was not intended for them - the regulations state they cannot refuse to pay even if the client has'nt paid them.

God some of you talk such a load of bulltulip

I must be a bit soft in the head... here goes:

Para 2: You have a standard subbie contract. If the primary contract is cancelled then they can bin you. They do not need to give evidence that this was a substantive conversation just that they talked with the client and they no longer wanted you. Simple as that

Para 3: You are misinterpreting the regs. They cannot hold on to monies for WORK YOU HAVE DONE, you didn't do any work after they booted you so the regs don't apply. Read the first paragraph of Reg 12 in here

You are an angry person... may I suggest therapy?