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Ash
Ash, Solicitor
Category: Employment Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Can an employer terminate his employee based on no work in

Customer Question

Can an employer terminate his employee based on no work in the company?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Are you the employee how long have you worked there for?
Customer: replied 1 year ago.
Yes, I worked for 22 months in Sai Engineering services Ltd company.
Expert:  taratill replied 1 year ago.
Are you the only person they are getting rid of?
Customer: replied 1 year ago.
I worked as stress engineer in Aerospace field. I came to UK from India on Tier2 general visa on 2/10/2015. My family joined me after 6 months.As per my knowledge I am the only person to get rid of and I am not sure how many engineers working in this company.
Expert:  taratill replied 1 year ago.
Do you agree that there has been a downturn in work?
Customer: replied 1 year ago.
Yes, I tried to get work some other companies also, however I did not get work.
Expert:  taratill replied 1 year ago.
Ok has your employment already ended then?
Customer: replied 1 year ago.
Yes, today I received a mail (P45 & P60 forms) from this company.
I am not sure what to do, as my two children are going to school here. My elder son is in year 10 now. It is difficult for him if I go back to India because year 10 (ssc in India) has public exam in March 2016 (in next 4 months).
Expert:  taratill replied 1 year ago.
Ok well in order to answer your original question. A down turn in work is a fair reason to dismiss in UK law. This amounts to a redundancy situation.
You have less than 2 years service so there is no right to redundancy pay nor is there a right to claim unfair dismissal.
If you think that your selection is based on your race or nationality you can appeal and claim race discrimination.
If you have any further questions please do ask.
Expert:  taratill replied 1 year ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer, which is an important part of the process?
Customer: replied 1 year ago.
This company placed me in Sitec group, Filton on 13/01/2014 and my work completed on 2/05/2015 in Sitec.
then I received half pay for may and June., and then I given money to run my payroll. After running payroll for July and August, he is not accepting money from me to run payroll and terminated me. This may be because in another 2 months I will complete 2 years.Then in this situation what can I do
Customer: replied 1 year ago.
sorry in another 1 month (end of September 2015) I should have completed 2 years.
Expert:  taratill replied 1 year ago.
That makes no difference I'm afraid. You have to have been employed for a full 2 years before you are entitled to redundancy pay.
There is nothing at all you can do unless you think that this amounts to race discrimination.
In the UK employees with less than 2 years service are not protected.
Customer: replied 1 year ago.
That means any company can take money from persons and run payroll for less than two years and throw them in the UK streets.Now I am in the same situation, I can not find house to rent because I vacated my earlier house in July and went to India for two weeks and after coming to UK on 31st July I started searching house and finally when I found house in September first week, my employer terminated me on 31st August 2015.Now I am adjusting in one room at shared accommodation with my wife and two children.
Customer: replied 1 year ago.
Letting agents are asking me to give employment reference, now I do not have employment.
When I requested my previous employer to give employment reference, he is not willing to give, hence we 4 people are living in 1 bedroom in shared accommodation.I would request you to please show me some way to live in UK until my elder son completes year 10 in June 2016.
Then I go back to India and my elder son starts year 11 in India form June 2016 as academic year starts in June in India.
Customer: replied 1 year ago.
Hope you are online
Expert:  taratill replied 1 year ago.
HI you asked an employment law question which i have answered.
I cannot help the problem you are having with the letting agent as a result.
I don't understand what you mean 'any company can take money from a person and run a payroll for less that 2 years' ? do you mean you paid someone to start this job?
Customer: replied 1 year ago.
I joined Sai engineering services Ltd on 02/10/2013, then he placed me in Sitec group, Filton on 13/01/2014 as contract employee. Then I completed my work on 02/05/2015 at Sitec. Sai engineering services unable to get another contract for me, so he asked me to go on leave for 4 weeks (2 weeks in May and 2 weeks in June). After that He is unable to get me any new contract so he want to terminate me, then I requested him to run my pay roll somehow, until I get new job, then he asked me to give money to run payroll, then I gave money for two months (July and August 2015). When I tried to give money for September 2015 he did not accepted and terminated me on 31/08/2015
Expert:  taratill replied 1 year ago.
Hi I'm sorry this is out of my remit. Opting out. Hope someone else can help you.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Could you just help me and just clarify and be clear what happened with the letting agent?
Alex
Customer: replied 1 year ago.
In my opinion what ever I asked are employment related questions, I am not sure why you are saying these are not employment related questions.
Expert:  Ash replied 1 year ago.
What is the issue with the letting agency please?
Customer: replied 1 year ago.
Good afternoon Alex,
It is not problem with letting agent.
It is problem of running payroll by taking money from persons for less than two years and throwing them in UK streets, because In the UK employees with less than 2 years service are not protected.I would request you to please help me what can I do in this situation.
Customer: replied 1 year ago.
Without Job no letting agent will rent house, that is why we family of 4 are adjusting in shared accommodation
Customer: replied 1 year ago.
Hello, are you online?
Expert:  Ash replied 1 year ago.
Ok, I dont understand your question though?

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