Contract law advice
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Description
Experience Level: Intermediate
Kind of letter: Legal
Topic: Contract Law - Litigation
Tone: Formal/Professional
Outline & Structure: Please can only a practicing lawyer familiar with UK contract law and litigation reply to this.
In short I took on a consultant on to provide services to our company on 3 April 2017. Contract redacted attached. The contract was terminable by two weeks notice. There is a provision in the contract that if she breaches any of her obligations she can be terminated without notice and pay apart from her expenses accrued.
Over the course of her 2 months with us there were a number of failings she made. In my view she breached her contract by failing to provide basic customer services and neglected a number of clients despite being requested to contact them and carry out her obligations. This was pointed out to her on the 29 May and she had no reason such as illness or accident not to carry out her obligations. So she willfully neglected to provide the services. She started to get angry and shouted at me during this meeting. Her neglect to provide her obligations left our company at risk of having to potentially offer refunds.
I terminated our agreement on the 30 May after she failed to turn up for an appointment that morning and she had started to cancel client appointments in the diary for no reason. Initially I was going to give her two weeks notice. However, within 24 hours I advised her that she was in breach of contact and there would be no further payment made to her. During that 24 hours I had been contacted by a number of clients that were unhappy with her conduct and services. There is a provision in the contract that says any delay of executing the right to terminate does not constitute a waiver of the right.
She sent a Pre-Action Protocol Letter dated 10 August to the company yesterday claiming a debt for two weeks notice, holiday pay (to which she has no entitlement as she's a consultant) and other hours she states she worked but didn't record, the total she says the debt is £1868.84.
We actually overpaid her in error by eight days and we did not try to claim the monies back as believed it to be a waste of our time.
I see this as a simple contractual dispute that we say we paid her in full and in fact overpaid her in error by eight days. We say she breached her obligations by willfully neglecting the clients she was asked to contact and carry out work for therefore. immediate termination without payment as per the clause.
I require someone practicing and familiar with UK contract law as I see this as a contractual dispute where she is claiming her notice and some other payments and we say no you breached your contract. I also need to reply to the pre-action letter which is also attached and redacted.
Tara McDonnell
Extra notes: There is a redacted Consultancy Agreement attached as well as the Pre-Action Letter dated 10 August.
Topic: Contract Law - Litigation
Tone: Formal/Professional
Outline & Structure: Please can only a practicing lawyer familiar with UK contract law and litigation reply to this.
In short I took on a consultant on to provide services to our company on 3 April 2017. Contract redacted attached. The contract was terminable by two weeks notice. There is a provision in the contract that if she breaches any of her obligations she can be terminated without notice and pay apart from her expenses accrued.
Over the course of her 2 months with us there were a number of failings she made. In my view she breached her contract by failing to provide basic customer services and neglected a number of clients despite being requested to contact them and carry out her obligations. This was pointed out to her on the 29 May and she had no reason such as illness or accident not to carry out her obligations. So she willfully neglected to provide the services. She started to get angry and shouted at me during this meeting. Her neglect to provide her obligations left our company at risk of having to potentially offer refunds.
I terminated our agreement on the 30 May after she failed to turn up for an appointment that morning and she had started to cancel client appointments in the diary for no reason. Initially I was going to give her two weeks notice. However, within 24 hours I advised her that she was in breach of contact and there would be no further payment made to her. During that 24 hours I had been contacted by a number of clients that were unhappy with her conduct and services. There is a provision in the contract that says any delay of executing the right to terminate does not constitute a waiver of the right.
She sent a Pre-Action Protocol Letter dated 10 August to the company yesterday claiming a debt for two weeks notice, holiday pay (to which she has no entitlement as she's a consultant) and other hours she states she worked but didn't record, the total she says the debt is £1868.84.
We actually overpaid her in error by eight days and we did not try to claim the monies back as believed it to be a waste of our time.
I see this as a simple contractual dispute that we say we paid her in full and in fact overpaid her in error by eight days. We say she breached her obligations by willfully neglecting the clients she was asked to contact and carry out work for therefore. immediate termination without payment as per the clause.
I require someone practicing and familiar with UK contract law as I see this as a contractual dispute where she is claiming her notice and some other payments and we say no you breached your contract. I also need to reply to the pre-action letter which is also attached and redacted.
Tara McDonnell
Extra notes: There is a redacted Consultancy Agreement attached as well as the Pre-Action Letter dated 10 August.
Tara M.
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2
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Last project
18 Sep 2017
United Kingdom
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