Employment Lawyers Can Answer Your Employment Law Questions
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.
Thanks so much, regards Hilary
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.
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.
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
Hope this clarifies your position? If you could please let me know that would be great, thank you
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