Reply to: Contract fallen through

[northernladuk]

He could always do the research and go after them himself.

OP can't even get himself a contract with f'ing it up so I don't think this is going to happen...

[cojak]

He could always do the research and go after them himself.

[northernladuk]

Been a tad busy with interviews so not had a chance to raise the SAR's yet.
Not just 'Tittle Tattle' it really happened and I'm really out of pocket. Legal advice is I have a strong case, but need to be able to flush out the actual sequence of events in an official manner (hence SAR's), apparently the way to do this is once you have the sequence together then you name everyone and let the courts sort out who is culpable. My main worry ATM is that it's a permie who won't be able to come up with the damages awarded. But, hey ho, he who plays with fire etc etc.

From what little I have seen around case law proving a loss in a situation where you haven't actually secured a contract is going to be almost impossible. You don't have anything so didn't lose anything. Arguing you could have started work and would have earned this if nothing else had gone wrong will be very difficult to prove and they very difficult to cost. Very difficult = costly to you as the arguing is done by some very expensive lawyers.

Oh, and if this piece of code pops up and it is infact a load of crap they counter argue you were not competent so wouldn't have been taken on. End of story.

[eek]

Been a tad busy with interviews so not had a chance to raise the SAR's yet.
Not just 'Tittle Tattle' it really happened and I'm really out of pocket. Legal advice is I have a strong case, but need to be able to flush out the actual sequence of events in an official manner (hence SAR's), apparently the way to do this is once you have the sequence together then you name everyone and let the courts sort out who is culpable. My main worry ATM is that it's a permie who won't be able to come up with the damages awarded. But, hey ho, he who plays with fire etc etc.

When lawyers are involved they are the only ones who win.

But if you want to continue go ahead

[NigelJK]

Been a tad busy with interviews so not had a chance to raise the SAR's yet.
Not just 'Tittle Tattle' it really happened and I'm really out of pocket. Legal advice is I have a strong case, but need to be able to flush out the actual sequence of events in an official manner (hence SAR's), apparently the way to do this is once you have the sequence together then you name everyone and let the courts sort out who is culpable. My main worry ATM is that it's a permie who won't be able to come up with the damages awarded. But, hey ho, he who plays with fire etc etc.

[Podgy]

Is'nt it all just hearsay?

I hear it everyday constantly from permies about permies, permies about contractors.

*If* something was genuinly said - I would want to know how - what prompted it i.e. why were the agency or client communicating with your colleages about you?

The agency sound very unprofessional telling you.

Why dont you get it in an email from the agency - then forward to the employers as a complaint - they will be able to trace emails to the agency.

Someone will get kicked behind the scenes.

Sounds like a bitter & twisted permie was given the opportunity to bad-mouth!

The agency sound crap!

[cojak]

We gave you legal advice - find a solicitor. My advice was a polite way of saying find another forum...

[NigelJK]

The next step is a SAR to find out what's what. The (free) legal advice I've taken suggests that there is a strong possibility that legal action is not only indicated but likely to succeed.

If there are no legally qualified posters on this forum then might I suggest to the mods that it's title be changed to just 'Accounting'?

[NickNick]

On the plus side, I've not (yet) seen advice spelt incorrectly in this thread.

[northernladuk]

And the solicitor will tell him that.

For £150

[cojak]

And the solicitor will tell him that.

[northernladuk]

But since we aren't solicitors the OP will be better off getting advice from someone who can help him.

A bit of research on his part wouldn't go amiss.

Bad references and what you can do about them | Employment Tribunal Claims

But it isn't a reference. It is a comment passed on unofficially by someone unknown so this won't work.

It does make an interesting point that the OP isn't taking on board from us. The unknown person giving bad feedback could be construed as defamation which this article does mention however the article says it isn't a good idea and that is when an employer can be proven to be saying it. If it isn't a good idea in that context imagine when you are trying to prove an unknown person might have said something to someone unknown unofficially.

DEFAMATION

If your former employer maliciously gives out false information about you, you could in theory have a defamation claim. Proving malice is likely to be difficult, and in most cases where you might have a chance of showing malice, you will probably be able to show negligence more easily. A defamation claim in this context will rarely be a good idea.

[cojak]

But since we aren't solicitors the OP will be better off getting advice from someone who can help him.

A bit of research on his part wouldn't go amiss.

Bad references and what you can do about them | Employment Tribunal Claims

[ITPRO2]

Just for clarification. I was a contractor for these people and then was persuaded to go permie. I worked for them for 2.5 years, doing what I then got slagged off for. So I returned to contracting.
Why does posting the truth and what I'd like to do about the situation attract negative rep points?
If I don't take someone's advice does not mean that I'm ignoring them, just that I don't think that it a course I'd like to take. I came asking for advice on what to do about what I thought would be a serious situation for any contractor, I don't think bending over and taking it like a man is very good advice personally.

Its because most of the contractors on here are just disguised permies and are too frightened to kick the hornets nest.

[kevpuk]

...but from the Mumsnet crowd....maybe not?!