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Breach of contract?

Oke
Posts: 9 Forumite
Help!
I am a teacher of Maths who has taken retirement in favour of Supply teaching and private tutoring.
About 10 days ago, I had a three day contract with a company. I knew that the work was ongoing for another week. On Thursday 23rd August I wanted to know if the company required me for tutoring for the following week beginning on Tuesday 28th August 2012. I had two emails saying that I was required for Tuesday, Thursday and Friday 28th,30th and 31st August 2012 respectively. The company even booked me in to a hotel for the night of 30th/Morning of 31st August 2012 as we had to start work on very early on Friday31st.
I duly arrived at the office at 7.20am on Tuesday 28th August in preparation for a 7.30 journey. At about 7.35am, I was told that I had been replaced by somebody else, not that there was no job but that I had been replaced sometime between about 4pm on Friday 24th, Saturday 25th, Sunday 26th, bank holiday Monday 27th. The gentleman who replaced me was was there at about 7.32am. The company has both my email address and mobile number.
I advertise my services on local shop windows and on the internet where the company first saw my advert as a tutor of Maths. I canceled all potential jobs for this week as a result of the email they sent to me confirming that I am needed this week.
Last Thursday I submitted my time sheet for the days I worked and that was accepted.
My question is, can I also submit a time sheet for this week as they in effect cancelled a contract so late in the day and I have also incurred the loss of potential earnings? If so and if they refuse to pay me, wither bound so to speak? Thanking you in advance Oke
I am a teacher of Maths who has taken retirement in favour of Supply teaching and private tutoring.
About 10 days ago, I had a three day contract with a company. I knew that the work was ongoing for another week. On Thursday 23rd August I wanted to know if the company required me for tutoring for the following week beginning on Tuesday 28th August 2012. I had two emails saying that I was required for Tuesday, Thursday and Friday 28th,30th and 31st August 2012 respectively. The company even booked me in to a hotel for the night of 30th/Morning of 31st August 2012 as we had to start work on very early on Friday31st.
I duly arrived at the office at 7.20am on Tuesday 28th August in preparation for a 7.30 journey. At about 7.35am, I was told that I had been replaced by somebody else, not that there was no job but that I had been replaced sometime between about 4pm on Friday 24th, Saturday 25th, Sunday 26th, bank holiday Monday 27th. The gentleman who replaced me was was there at about 7.32am. The company has both my email address and mobile number.
I advertise my services on local shop windows and on the internet where the company first saw my advert as a tutor of Maths. I canceled all potential jobs for this week as a result of the email they sent to me confirming that I am needed this week.
Last Thursday I submitted my time sheet for the days I worked and that was accepted.
My question is, can I also submit a time sheet for this week as they in effect cancelled a contract so late in the day and I have also incurred the loss of potential earnings? If so and if they refuse to pay me, wither bound so to speak? Thanking you in advance Oke
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Comments
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Does your contract say that you can?
Personally, I'd invoice them for 'lost work due to non-cancellation of booking'.If you haven't got it - please don't flaunt it. TIA.0 -
Only if its in your contract. if not, i wouldnt have thought you can bill them anything.0
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deleted post Sorry posted on wrong thread0
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The joys of self-employment! You have to analyse if this is a !!!!-up and you want to work with them again, or not.
If it's the latter, dig in and invoice them for your lost opportunity time.0 -
My question is, can I also submit a time sheet for this week as they in effect cancelled a contract so late in the day and I have also incurred the loss of potential earnings? If so and if they refuse to pay me, wither bound so to speak? Thanking you in advance Oke
What do you have in your Terms of Business you got your customer to sign?
If you've not put in any clauses about cancellations and there being a charge if they cancel without reasonable notice, you can't bill anything.
Welcome to self employment.0 -
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Notmyrealname wrote: »Unless the OP specifically includes a penalty clause in his terms of business, he can't.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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Notmyrealname wrote: »Unless the OP specifically includes a penalty clause in his terms of business, he can't.
People can invoice what they want; whether it is paid or not is another matter.If you haven't got it - please don't flaunt it. TIA.0 -
Thank you all for your replies.
No, there was no clause relating to cancellation. As well as asking verbally, I did write/send an email asking the company to clarify about my being "hired" the following week. I also said that I needed to know this in order to plan for the week.. I also confirmed by email that I was happy the accept the work as outlined in their (two) emails.
I don't think that I want to work with/for this company again. Nothing was signed. For the first week,I just had an interview on a Monday and started the next day.
I intend to invoice them. What if they refuse to pay?
How do I prepare my case. The sum involved is less than £400. Its not just the money its the shabby treatment I had0 -
Notmyrealname wrote: »Unless the OP specifically includes a penalty clause in his terms of business, he can't.
Penalty clauses are unenforceable.0
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