Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. When did your employment actually terminate?PS: As I am going offline shortly I may not be able to provide my final advice now but will do so first thing in the morning, thank you
I leave for work at 8 so best way to get hold of me is email. thanks
Good morning, a person's rights will largely depend on their employment status. Establishing one's employment status is not an easy task and there is no single test that can be used. It is usually irrelevant what a person is labelled as by their employer because their status would not depend on that, but on the overall employment relationship, how the employer treats them, etc.
Following years of case law, a number of established factors have generally been accepted as a reasonably accurate way of establishing whether someone is an employee or self employed. The courts would still use some of these to get an overall picture of the employment relationship and determine the person's employment status.
The tests that are most commonly used can be found here:
By following the link and answering the questions one may get a good idea of what someone's employment status is, although it is worth noting that these are still only an indication and only a court can provide a definitive answer. They are nevertheless useful to use in negotiations with the employer.
Assuming you were an employee and the clients were the company's then they will have final responsibility over this. Saying that if you were negligent in your work the employer can potentially pursue you for compensation for damages but I do not believe this is the issue here and I have not seen anything to suggest you are accused of negligence, rather they want your help with work you were involved in.
Also, if you were self employed it would be for the clients themselves to chase you for the work in question, the employer cannot get involved any longer if these were your personal clients.
Finally, if you believe that they are contracting you without any grounds to do so and you have told them to stop, their continued communications could amount to harassment. Under law (specifically the Protection from Harassment Act 1997 in civil cases and the Criminal Justice and Public Order Act 1994 in criminal cases), a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions.
So in the first instance the police can be contacted and have this reported to them as harassment. However, they will not often get involved in trivial disputes so if they believe that this is not serious enough they could refuse to help and advise you that this is a civil matter. In such circumstances, the offender could be warned that their actions are being treated as harassment and that unless they refrain from such behaviour in the future they will be reported to the police and legal action will be taken against them.
how can I word an email best to my ex employer?
Whilst drafting is not part of our service, you can use the detailed information in my advice above to prepare something yourself and I can take a look at it before you send it out