Guaranteed 40 Hours.

shaunkip

My current contract states that I am guaranteed to be paid for 40 hours per week, apart from when I cannot provide the service.

I am currently having a bit of a battle with the company over the Christmas period. Basically they were on stand down and would not be able to open for me to work.

I was available to work and wanted to work, so surely, as per the contract, we should get paid for the 40 hours?

The company are just refusing point blank to pay. Where do I stand and what action can I take before going down more costly solicitor routes?

I operate as a contractor under my own Limited Company.

Any help would be much appreciated.

Premier_2

You can usually get a free half hour with some solicitors.

That's usually enough for them to have a quick perusal of the appropriate term(s) of the contract (especially if you point them in the right direction if the whole contract is quite lengthy)

It sounds like any amount disputed would fall within the small claims system, so the solicitor may well suggest that if you wish to pursue the matter, then that would be the way to go.
Solicitors fees are not covered, (as they are not required) and usually court costs are awarded to you if you win your claim.


BUT...

I would also expect the solicitor to ask you to consider carefully the bigger picture. If you sue your customer, don't expect your customer to purchase any further services from you. Check the cancellation periods included, as I feel anyone the subject of legal action will look to use these to their maximum advantage.

A few hours pay for what you haven't worked, or several weeks/months/years business for the future. The decision is yours.

I don't know what business you are in, but the one we operate within is very incestuous ... and so bad news travels fast.

shaunkip

Thanks Premier,

I don't particularly want to take any kind of legal action. There is a lot of heated issues going on at the moment with us (small group of contractors) and them, they have recently amended the contract and are more than happy to quote specific terms of it back to us, and on the other hand ignore other terms when it suits them.

Premier_2

Ever heard the saying:

'He who pays the piper calls the tune'

It's as true today as it ever was, especially when the payer is bigger than you.