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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47415
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working same company I have

Resolved Question:

hi I have been working for the same company for 20yrs I have a GMBH contract I have been transferred to a different unit and now they want me to sign a new contract which is basically covered under Dubai laws and give me no entitlements if no longer required they also want me to sign a release paper from the exsisting contract giving me no rights to it
I refused to sign it what could be the outcome.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Are you still going to be working with the same employer and is your current contract under UK law?
Customer: replied 1 year ago.

Ben yes I am still working with the same employer

and as far as I know my contract is covered under uk and german law as the company is actually based in Germany and uk

Expert:  Ben Jones replied 1 year ago.
ok I can only advise on UK law so if there is a German law element then I can't say if that gives you any other rights or changes your position. So anything below is based purely on UK laws. Assuming you are an employee and not self employed then you have certain employment rights in this situation. If the employer wanted to end your current contract without your consent and transfer you over to a contract governed by a different country's laws then that would amount to a dismissal. 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. So if you were to refuse to transfer over to this new contract, the employer would need to find a fair reason to terminate your current employment and follow a fair procedure. It is possible that they may be able to legally do this, for example by showing that your position had become redundant but in that case they would have to pay you redundancy as well so it is not a straightforward dismissal where you get nothing in return. So you need to wait and see where the employer takes this, what reason they try and use for the termination and how they go about it before you know whether they have done everything above board. If they have not then you can appeal directly with the employer but if that is unsuccessful you also have the right to make a claim in the employment tribunal for unfair dismissal. 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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