Legal position of a Freelancer given work which then witheld

[olewh]

I am a freelance employee. I was offered and accepted 8 weeks freelance work starting at the beginning of the month. But 2 days prior to commencement the work was put on hold for three weeks. This threw me completely, my bills kept coming through, but I was on my backside unable to earn.

 

I have now started the work, its been underway for 28 days, but in that time the work has twice, at no notice, been put on hold for 3 days as the project is ahead of schedule. So long as im not working i'm not earning so every day counts.

 

When I initially accepted the work offer I was advised that it was continuous from a certain date. I have this in writing. But the work is coming on a very ad hoc basis. I am now getting into financial difficulty. Do I have any redress?

[RachelMD]

If there was contractual provision that you would be continuously employed from a certain date for a certain amount of money then the client should honour the agreement.

There are no clauses about being laid-off, etc?

[olewh]

You talk about 'contractural position' but im not aware of a contract as such. My understanding is that the email offer of work for 8 weeks starting the first of the month which I was required to accept or decline amounts to a contract or 'the contract'

[RachelMD]

You talk about 'contractural position' but im not aware of a contract as such. My understanding is that the email offer of work for 8 weeks starting the first of the month which I was required to accept or decline amounts to a contract or 'the contract'

Yes, exactly.

If 2 parties agree something, as in this case, "You come do work-We give money", then a contract exists.

It can be written or verbal.

[olewh]

Ok, so back to my original point. I am being messed around by the 'employer', there is no consideration for the impact this has on me (work might stop but bills keep coming). Am I entitled to redress and what form might this take?

[RachelMD]

Yes! Complain!

Say, "Hey! We had an agreement that you'd employ me from xx/xx/xxxx and that I'd earn £xxx. You've broken the agreement. Pay up."

 

If they don't pay, then sue them.

 

In the mean time, probably best to find some other full-time gainful though.

[olewh]

Yes! Complain!

Say, "Hey! We had an agreement that you'd employ me from xx/xx/xxxx and that I'd earn £xxx. You've broken the agreement. Pay up."

 

If they don't pay, then sue them.

 

In the mean time, probably best to find some other full-time gainful though.

 

Thanks Rachel. Its as I thought. I think you sum it up well. Shafted. Anyone else got anything to say about this matter?

[MrShed]

I'm not sure what else there is to say - this is a pretty standard breach of contract, that you may need to sue to enforce - but enforcing can certainly be done (on the face of it, and with the info you have provided).

[RachelMD]

You could get one of these and try waving it around for a bit-

 

http://www.ebay.co.uk/itm/Magicians-Wand-Magic-Tricks-Nice-Wood-Finish-/390330679653?pt=LH_DefaultDomain_0&hash=item5ae1858165

 

But I reckon my first suggestion is the best.

[Cyberprog]

The downside is that the company you're contracting to will turn round and pay you for this job, but give you no future work. One of the dangers of freelancing I'm afraid, one I'm only too aware of (indeed had a job for this weekend cancelled at about 6 hours notice). Sometimes you just have to suck it up...