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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was due to switch country location with my company.My old

Customer Question

I was due to switch country location with my company.My old contract expired in Dec and was expected to start on my UK contract in Jan. After 2 months delay I signed a new contract with my new employer with the start date 1st march. They then delayed and said I need to go screening again. It is now 17th and i have been cooperating with them but have had not income in this time. Can I get compensation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
What is your loss?
Customer: replied 1 year ago.
Loss of income
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
We have been nearly 3 months without income while waiting for the new contract.
Customer: replied 1 year ago.
Is it possible for me to explain over the phone?
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. Can you please clarify if you had a formal offer in place for the contract to start on a specific date or was this never agreed with you and it was just an expectation that you will be offered a contract by now?
Customer: replied 1 year ago.
A formal contract was signed by me and the company in Feb with start date for 1st March.
Expert:  Ben Jones replied 1 year ago.
ok so in reality you have only formally lost pay from the 1 March to date because there was nothing formally agreed for Jan and Feb?
Customer: replied 1 year ago.
Correct
Expert:  Ben Jones replied 1 year ago.
You could indeed look at pursuing them for breach of contract and getting some compensation for lost income during this period. This would be on the condition that you were given a specific start date and it was not conditional on anything, such as screening, references, security checks, etc. If it was a conditional offer and the specific conditions on which it was made had not been satisfied then the employer would be able to rely on that to defend any claim by stating that it was a conditional contract and the conditions were not met, therefore they would not be liable. In your case you can only realistically pursue them for losses from 1 March onwards as that is when the contract should have officially started. You should consider trying t resolve this directly with them to start with, if not possible to come to a resolution then you can take it further as necessary. This is your basic legal position. I have more detailed advice for you in terms of the steps you should take in the event you have to take formal action, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
So there not explicit mention of screening, but there was a line to other non exhaustive conditions. Nor was screening expected as was already an employee on my previous contract. The problem was that I was only advised and asked to start screening after my start date.
Expert:  Ben Jones replied 1 year ago.
So could screening be covered by any of the other conditions?
Customer: replied 1 year ago.
Yes it could. However I was only made aware of the need for screening after the start date had passed and not before. So they caused the delay by not informing or starting screening with sufficient time before the start date.
Expert:  Ben Jones replied 1 year ago.
ok so in the circumstances the advice will remain the same. They should have informed you that there is going to be screening and that it may delay the start date, they should have made the contract conditional on successful screening but this should have been communicated to you before the start date so that you could have made an informed decision. So if needed you may still pursue them and I can discuss the steps you can take to do this, so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Thank you. That is very reassuring to know. I have rated you 5 star plus tip. If we did decide to pursue them, what would be the next steps ?
Expert:  Ben Jones replied 1 year ago.
Many thanks. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
Thank you. I might come back to at the end of the month.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best for now
Customer: replied 1 year ago.
Hello Ben,We discussed about a month ago about if I could claim compensation due to delays the company caused with the start date. The screening has now been completed successful and I have raised about compensation for the period from the orginial start date 1st March. This has been select to the HR Director for consideration. In the meantime, HR are now asking me to sign a revised contract to adjust the start date and give a new end date. I am thinking not to sign this until I have seattled the compensation matter and fear that this revised contract might invalidate my claim. What would you advice be? Would you be able to check the old contract to see if I have missed anything. Thanks
Customer: replied 1 year ago.
Please see the contract attached.
Expert:  Ben Jones replied 1 year ago.
Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks

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