I had been working as a sub-contract carpenter, and was working on a number of sites with the same man, Mark. We had known each other for about 3 years, and had worked independently on a number of jobs. I had had enough of the main contractor on one job, and decided to work elsewhere. Mark suggested I work with him, as I liked and respected him as a very competent carpenter, I was more than happy to do so. All was going very well, I worked with him on about 6 different jobs. I was away for six months traveling, but kept in contact with Mark. I e-mailed him when I would be back, and available for work. Mark was pleased, and actually sounded exited about the coming years work. When I returned I immediately started work. I was on a job that was coming to an end, and Mark told me he had a big job coming up, and there would be 30 weeks work. When the new job started, Mark suggested, as this was a big job, It would be worth my while investing in a gass nail gun, at a cost of some 500 pounds. I also agreed, as there would be potential for me recoup my investment very quickly. I was on the job for about 1 month, when the main contractor tuned up on site. When he seen me, he asked me to jive him some help. I explained to him that I had work to do, and couldn't help him. He then started getting really angry. I had seen the results of his rages before on another site. He actually jumped onto the hood of another sub-contractors car, while it was moving, and put his fist through the windscreen. I left the site in fear of my safety. 1 hour later I received a call from Mark, informing me I was not allowed back on site. Apparently the main contractor called his wife, who in turn called Mark, saying they could not tolerate my "disruptive behavior" . I had done nothing wrong. I had not been in any way abusive to this man, and yet I now find myself without work (I had turned down other work on the strength of this job for 30 weeks) I tried to speak to Mark, but he simply ignored my calls and e-mails. There is surely a breach of contract on Marks part, but what can I do to get some kind of justice Can someone give me some options please. Cheers Bob
Verbal contracts are hard to prove and fight for or against. Any judge will usually question you thoroughly about the agreement you made so you need to be very sure of yourself and make sure you don't trip yourself up at all. It all comes down, really, to whether or not a judge believes you, if they do, you win, if they don't, you lose. It's not fair, but really, that's how simple it is.
Do you have anything in email about this job? No official legal document is required, just to cover some basics of offer-acceptance, or something suggesting that an offer and acceptance has been made, both parties are aware of this, the job is in place (even an email from him with a start date and address). This would help support the verbal contract (I assume you're in the UK), which while allowed in law could be hard to prove. You could start taking a legal approach, collect evidence, keep records of communication (including when you send post; get a "postage certificate" at the post office - it's free).
Bob, I am from the UK too, and while you had a verbal contract with Mark over work. It is not upto him who is and isn't allowed on site. Although you didn't do anything wrong the building trade has been very powerful for certain people. If the main contractor has ties over the site manager or they are friends or any other reason like that, the site manager can then say who he does and doesn't want to appear on his site. You have no idea what the main contractor has said to the site manager, he could of told lies or could just be really scary. Reading what I have there, Mark is of no fault for you losing work. He may have broke the bad news, but if the site manager doesn't want you there is nothing he can do as its not his choice. I assume you have your CSCS card etc... to be allowed on site. My suggestion is to try and speak to the site manager to find out what actions caused there decision and if you have anyone to back up your claim that all you done was decline help. I have friends who run building companies, and I'm sure if someone on site helps when asked, they will get more work through that source, you should probably of thought about this especially considering you have seen this guy go mad before.