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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good day, I have been working within my job for just over 3

Resolved Question:

Good day, I have been working within my job for just over 3 months, according to my letter of employment, after the 3 month period and after a review I would receive my full letter of employment as then my 3 month probation would be up. No review has been done and my boss has ignored all emails sent requesting my full letter, or an explanation as to what is going on.
I am a rep on the road and pay for all my expenses out of my pocket then get reembursed at the end of each month. My expenses were handed in on the 20th June and thus far have not been paid. I am using more and more money out of my home expenses and therefore will not be able to make the month.
Please could you advice. I was called into a strategy meeting last week Tuesday, I recorded the meeting as I do not have a very good memory, I left the room and heard what was said, they are not wanting me to carry on, but are waiting for me to make mistakes. Please help, what can I do. Thank you so much.
Really worried!!
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation please?
Customer:

Hello Ben, I would like for the company to pay expenses due and to either sign my letter of full employment or ask me to leave. I would like to know my legal rights in this matter. Surely they can't not pay my expenses and expect me to carry on going out in the field on my own expense. I do not know the legality behind not reviewing a position after 3 months. I need to know where I stand, if the company wants me in full time employment or are just playing around. I am currently looking for another position as I need to work and need serious employers, but would like to know my legal rights.

Customer:

Thanks so much, regards Hilary

Ben Jones :

Hello Hilary, as you have only been working there for 3 months your rights against unfair dismissal would be quite limited which means that you are not protected against unfair dismissal. That in turn means the employer can decide not to continue your employment at any time, although they would still need to give you the notice period you are due under contract. However, you cannot challenge the dismissal itself.

Ben Jones :

That would not have any impact on your expenses though. As long as you remain an employee (meaning you have not had your employment officially terminated), you and the employer would continue to be bound by the terms of your employment. This would also include the payment of expenses, so if you have genuinely incurred expenses as part of your work with them and you are due to be reimbursed for them as per the terms of your contract you should still get paid for them. The employer should pay you as per the usual payment date specified in the contract, and certainly no later than your last pay day, should you leave the company for whatever reason.

Ben Jones :

They may be delaying payment at this moment but you are still due due to be paid regardless. So if it turns out that they decide not to continue employing you, then you can still pursue them for any expenses still due to you. If they refuse to pay you then you can take the matter further if necessary and you can consider taking this to the small claims court. This should only be used as a last resort but it is an option should you require it. I suggest you write to them and formally request payment of any outstanding expenses by a certain date and eventually threaten them with legal action if needed. If it comes to that, then you can submit a claim online through www.moneyclaim.gov.uk

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Hi Ben, thank you this does clarify the matter. Just one more issue, as they have not paid my previous expenses, it is inhibiting me from performing my job successfully, can I say this to them without being dismissed for not performing my duties. Thanks Hilary

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