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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 am intending to take an employer to the small claims court

Resolved Question:

I am intending to take an employer to the small claims court for 'breach of contract' He offered me a job in writing and I accepted in writing. I started the job, he then told me it was only a trial weekend and he had another person for the position. I would like to know if I am able to take this to the small claims court. The value I am claiming is £5850 which is for a 3 month trial period as stated in his job offer letter.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. What exactly did the letter say?
Customer: replied 1 year ago.

I stated the sequence of events from going for an interview to getting the job offer and accepting the offer ( all in writing). To meeting up with the employer and getting the keys to the house. It was a cook/housekeeper job. He gave me the float for the shopping. Explained to my husband who get in touch with regards ***** ***** all aspects of running the house. Then how flabbergasted I was to be told on the Sunday that it was a trial weekend and requesting they honour payment for the 3 months trial period as stated in the job offer letter.

Expert:  taratill replied 1 year ago.
Hi in order to claim breach of contract you would have to show that you were employed on a fixed term contract for 3 months and that the employer would not have had the right to terminate during this period.
A letter simply stating that this was a 3 month trial is unlikely to be deemed to amount to a fixed term. I would need to know the exact wording of the letter to tell you for definite whether it was or not.
Unfortunately it is highly likely that this does not amount to a fixed term contract and that the employer can , under UK law, change their mind and give notice. If there was not a notice period in the contract/ letter then the statutory period applies and there is no statutory right to notice in the first 4 weeks of a new job.
I am very sorry that it is therefore unlikely you would succeed were you to bring a claim against the employer.
The exception to this would be if you could demonstrate that the decision not to honour the employment is discriminatory based on your sex, race, age, religion, or pregnancy or for raising a health and safety type complaint. IF you believe any of these apply then do let me know.
If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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