Breach of Contract for services

[barryo]

I made a proposal by email to a potential client to do various tasks for him as a self-employed contractor, including rate of pay, expenses and termination provisions. It also specified that it would be effective from the date he confirmed his acceptance by email.

Next day he sent me an email saying "Took a quick look through the agreement between ourselves. I will look at it in more detail later but at least at the moment it looks fine. Just need to get it moving a.s.a.p."

I worked for the next 15 months and was paid in accordance with my proposed terms. During the last 2 months he said that he wanted to re-negotiate the terms. He proposed changes which I didn't agree to, so I made counter-proposals. We never agreed changes, but he emailed me to say that with immediate effect everyone in the company (whether employed or self-employed) would only be paid by commission on future sales. I told him that this was unacceptable to me. He said I had no choice because this was the only way he was going to pay anyone from then on.

I invoked the termination provisions in my original proposal but he refused to pay, saying that we never had a contract.I want to take a claim to the County Court. What do you think are my chances of success?

Thanks in advance for any replies.

 

[Kernowman]

As I read it, your client accepted your terms and complied with them for 15 months so a contract has existed between you. A contract need not be written to be extant and enforceable.

Moving forward then to your statement that for the last 2 months he has wanted to change the agreement which you do not accept. That is in effect giving you notice to terminate or renegotiate and to continue the contract on his terms, then for you to decide whether or not to continue under those terms and by the sounds of it you don't.

It is going to be difficult establishing what time period your terms were that the client was obligated to unless you can provide proof. Was there a time period stipulated in your original contract terms?

 

[LawHound]

Did you work solely for him during those 15 months? Without a clear sub contractor agreement in place it is very likely you would be legally classed as a worker ( employee) so worth getting the legal contract between you looked over before you proceed down the county court route. This is something we can assist with, happy to look at the paper trail free of charge if this helps.

 

[barryo]

Thanks Kernowman.

The terms that I specified in my original proposal were that during the first six months he could terminate with one months notice and that after six months he had to give me three months notice, those three months to be paid at the greater of either work done (at the agreed rate) or average of the previous three months before notice was given. It is this notice pay that makes up the bulk of my claim against him.

barryo

 

[barryo]

Thanks Lawhound.

I worked for other clients as well, and my proposal made it clear that I was not an employee and that I determined my own working hours and was responsible for my own tax etc., so I think I'm safe on that one.

 

[Kernowman]

Thanks Kernowman.

The terms that I specified in my original proposal were that during the first six months he could terminate with one months notice and that after six months he had to give me three months notice, those three months to be paid at the greater of either work done (at the agreed rate) or average of the previous three months before notice was given. It is this notice pay that makes up the bulk of my claim against him.

barryo

My take on it is he has effectively fully agreed to your terms for 15 months without any complaint or issues, so effectively a contract has existed between you and his formal agreement to it in writing is pretty much academic. You are merely enforcing those terms by asking to be paid your 3 month's notice, as that is the contract which is still in force between you both.

 

[sn2476]

buyers are liars - fist thing I learned