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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I was recently terminated by my employer in the UK division

Customer Question

I was recently terminated by my employer in the UK division of a UK-french company. I had been with their french overseas division for over 4 years and was transferred to Uk at their decision, I have 51 years experience as maintenance and Operations support superintendent.
The original conditions for employment set up by the UK division required me to travel to another part of the country for 5 days a week but without any compensation for travel or accommodation and to work a 3 month probation period, I ultimately accepted the travel conditions, the probation was removed, i signed a new contract and prepared to start at their office on 2 February 2015
Unfortunately I contracted severe pneumonia over the weekend of 1 Feb and had to visit my doctor, hospital x ray and take urgent medication. all sick notes sent to the UK HR dept.
I was cleared to return to work 6 weeks later but was terminated 9 March during the final week on the day my x ray cleared me.
I was given 3 months pay as part of the contract. I can send scans of all letters and emails, do I have a case for unfair dismissal as I expected to work in UK for 1 year. Engineering had shown great interest in my working there.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Prior to you being sent to work in the UK was there a break in service and was your period working in France subject to English or French employment laws?
Customer: replied 2 years ago.

There was no break in service as I went from an overseas position in Vietnam, and previously posted in Cairo Egypt as expert "Maintenance and Assistant Site manager"

The contracts was continued from Egypt under English law but can send to you for scrutiny and was paid under British office in Bermuda.

Expert:  taratill replied 2 years ago.
I do not need to see the contract but does it say that it is subject to UK employment laws and also is the employer the same company as the UK one who terminated you?
Customer: replied 2 years ago.

The UK office is at 1 Franklins Row, London SW3 4SW, registered in UK(###) ###-####

Employer for Egypt & Vietnam: Perenco S.A. registered in Bahamas, Lyford manor, Lyford way, Nassau

Expert:  taratill replied 2 years ago.
Sorry is the old and new employer the same company?its' not clear from your answer.
taratill and other Employment Law Specialists are ready to help you
Expert:  taratill replied 2 years ago.
Please see below
Customer: replied 2 years ago.

rating:Smile

Many thanks for the clarity and good advice.

I may call ACAS for their further advice but don't expect I will get much satisfaction

it seems that Perenco are not at all unusual in using different countries as a means of separating service history etc OF THEIR EMPLOYEES to the advantage and protection of the company. I am disappointed that they should manage me in this disgraceful way after my long and fair reputation in handling situations for them with Arabs, and Vietnamese personnel. The foreigners are far more interesting to work with, particularly Vietnam.

I will probably go into retirement with my reputation and honour intact.

Customer: replied 2 years ago.
Thanks for clarity and advice. I remain disappointed that the law does not protect me from such trivial dismissal reasons, these not requested to be seen by advisors. I did not get opportunity to meet this employer in GY office, things may have gone very differently.
Expert:  taratill replied 2 years ago.
Hi no problem with the advice. I am sorry it was not the answer you were hoping for.