Agency Termination
On 31 Oct, 12:05, Stuart Bronstein wrote:
wrote:
Stuart Bronstein wrote:
Does that mean you're on commission? They won't let you work
either for them or for someone else? And they won't pay you for
the time they prohibit you from working for someone else? To me
that sounds completely unreasonable.
You may not actually have to go to court for an injunction, but
you really should see a solicitor to help. That is really
ridiculous.
Thanks for that, I am minded to put the application together
myself, on what grounds would the injunction be?
I don't practice in the UK, so don't rely on me to be authoritative.
But it seems to me that by suspending you without any compensation
instead of sacking you they are improperly depriving you of any ability
to earn a living, and is unconscionable for that reason. I might ask a
court to determine that the suspension was in fact a constructive
discharge, which would free you up to work for someone else.
Stu
The purpose of an injunction is to provide a remedy to a legal action.
You have to therefore identify the underlying basis of your claim
first. Probably breach of contract. You then issue a claim and seek
an interim injunction by way of an application. Such an injunction
doesn't end the case, which still has to be determined at trial, when
the Court will also decide whether to award damages.
Issuing an application for an injunction and getting it wring could
easily cost you £10k in the other side's costs, so I would strongly
recommend doing this yourself without taking legal advice. As others
have said, you should see a solicitor.
If you can't afford to then what about - find the agency that you will
eventually move to (In Jan). Hopefully they will be understanding
about the matter. You can refer any leads through to them until you
are free to advise yourself. You can find a temp job for a couple of
months to pay the bills.
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