Require employment law advice for a freelancer

[hackneybird]

I am a freelancer in TV post production. In January I was offered a seven week contract on a production for the period of April and May and have the job offer in writing via an email. I accepted the offer, also via email.

As I had accepted the position I then turned other work down. However, the producer of this production has now called me to say that they are over budget and now cannot afford to employ me, so the job offer has been rescinded.

Am I able to ask them for compensation for lost earnings as I turned down other work for them? Losing two months work like this is a major financial hit for me and it's unlikely I'll be able to find other work for the same period at such short notice.

Hi hackneybird

Technically yes you can. Practially I wouldn't bother. Employment tribunals are usually protracted and expensive (unless you represent yourself).

Before you consider such action though I would look at the contract you accepted and read the small print. I wonder if there is a clause to protect them against this type of action, which I should imagine is an occupational hazzard in your profession?

I wasn't given a contract, just an email saying 'we'd like you to work with us over such and such a period'.

It is an occupational hazard, yes, but usually when jobs fall through it's when a production doesn't happen at all due to collapsing financing or lead actors becoming ill etc. I'm feeling slightly shocked that they can just call and say they've decided against having someone in my role due to going over budget.

I'd like to ask them for a nominal fee, and was wondering if there was any sort of law I could quote in order to back up my request.

This is more breach of contract than an employment law matter. Did you send over your T&C? If so you may be able to get somewhere, without them, you'll have difficulties. You could try and ask for a week / 2 weeks money, but I think you'd be lucky.

As a freelancer you wouldn't be covered by employment law, because you aren't an employee.

But you would be covered under contract law if you have anything about 'cancellations' in your own contracts. If you haven't, then I would put something in and get potential clients to sign it before you agree to work for them. At least that way if anyone backs out again in future you would have a bargaining tool in the agreement.

Once an unconditional offer has been made (ie. the offer is not subject to the company receiving satisfactory references) and accepted, there is a contract in place and any withdrawal of the job offer constitutes a breach of contract.

You probably could make a breach of contract claim through an employment tribunal (would you have been an employee? Or do you invoice the company for your services? If the latter, you probably couldn't make a claim through an employment tribunal but might be able to bring a breach of contract claim through one of the other routes, e.g. if less than £5K, you could bring a claim through the small claims route.

Realistically, a tribunal/court may only award you the notice that you would have received if you'd been employed and then the company had to terminate your employment, e.g. if the production had folded. So, if your 'contract' said 1 months notice, you'd have been entitled to one month's pay. I'm guessing that as it was all done fairly informally via email, there was no mention of notice periods from either party?

I think it's certainly worth writing an email/letter to explain that you understood that there was a contract in place and turned down other work on that basis and that by withdrawing the job offer, they are in breach of contract and you should be compensated for your loss of earnings - you may want to suggest an amount you feel is reasonable. Although it depends on whether you hope to get work from this person/organisation again in future.

This is all very useful, thank you very very much for the clarity. In terms of compensation, i was thinking along the lines of 1 week's money so that is what I will ask for, not that I am expecting to actually get it. But I want to make a point about it to them.