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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46774
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a self employed contractor working in customer

Customer Question

I am a self employed contractor working in customer services. I have been informed by the senior manager not to put any grievances (complaints) in writing. Do they have a legal right to stop me making complaints in writing ? I feel more confident if I
put it in writing and that it will be dealt with in some way whereas if I inform them orally they tend to ignore it. Can they terminate my contract because of putting my complaints in writing ? if so, can I do anything about it ?
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. Firstly can you tell me how long you have been there and has the company a policy and procedure to follow please.
Customer: replied 1 year ago.
2 years and not been informed of any policy and procedure in writing.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response I am working in a tribunal today. I will review all the information given to me
and get back to you later in the day with my advice on how to proceed with this.
please do not respond to this as this may push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. The issue you face here is that you are a contractor and not an employee. As such your rights in the circumstances will be rather limited. You would not have the legal right to raise a grievance and the employer would not be bound to follow the ACAS Code on Disciplinary and Grievance procedures. Thos means that they can refuse to hear your complaints if they are in writing, even if in normal circumstances you would be allowed to submit a written complaint. Also they can terminate your contract if they wanted to because you do not have protection against unfair dismissal and therefore they would not be required to show there was a fair reason for dismissal or follow a fair procedure. All that is required is that you receive the contractual notice period you are entitled to. They can simply give you that to terminate your employment so it could potentially happen because you defy their request not to put your complaints in writing.I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46774
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Okay, thanks.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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