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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47600
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer, a multi national is asking me to sign up to working

Resolved Question:

my employer, a multi national is asking me to sign up to working on a foreign pay role, I am currently on what they call the UK pay role. The foreign pay role will not have the protection that UK legislation has in place for protection of employees. they say this is because they are trying to streamline the systems in place. Where do I stand on this issue, can I refuse to go on this new system?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. how long have you worked there for?
Customer: replied 2 years ago.

Ben,

I've worked for the company since 2006, more info, the company I worked for was taken over in 2010 & since then the parent company have introduced several changes, this is the latest. They kept the seniorority so my start date was 01st Oct 2006

Expert:  Ben Jones replied 2 years ago.
Why would UK employment legislation not apply?
Customer: replied 2 years ago.

because I would be considered to be working international, the contract is based in Bermuda, the company are against UK employment as they consider us to have too much in the way of employment rights.

I do work international all the time now, but am classed as based in the UK.

I am waiting for a call from HR they emailed me last week to set up a call, also I'm working on what colleagues have told me. They tell me the package looks OK but there are no rights with it as regards ***** ***** security, the end of the converstation is either take it or leave it. The thing I have over most of the guys is that I work on a UK contract, so I was thinking I should have more rights

Expert:  Ben Jones replied 2 years ago.
By ending your UK contract and trying to move you to a foreign one the employer is effectively dismissing you. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.
According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.
In the circumstances it may be difficult for them to justify any sort of fair dismissal of the reason for doing so is to try and remove your employment rights under UK law. So if they go ahead and do that a dismissal would have occurred and if needed you could consider making a claim for unfair dismissal against the employer.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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