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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47889
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, how can I help please?
Customer: replied 1 year ago.
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 sent 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 settled 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.
contract
Expert:  Ben Jones replied 1 year ago.
Thanks so they are saying that the start date is 1 March - what are your concerns about that - do you want to keep the start date as that and get paid as of 1 March onwards or are you seeking compensation for the time before 1 march too?
Customer: replied 1 year ago.
Just from 1st March.
Customer: replied 1 year ago.
Sorry. My original start date is 1st March, but they then want to change the contract with a later start date. Would it help to call you? Thanks
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.
Expert:  Ben Jones replied 1 year ago.
You can if you wanted to but it is a premium service so it will be charged extra, or I can continue on here
Customer: replied 1 year ago.
Let's continue on email then. Just a brief recap:- I have a signed contract with a 1st of March start date and was given a plane ticket- A week before, I was informed they were replacing my line manager, and verbally agreed to wait for a week or two before flying out in order to give them time to recruit someone (n.b. not sure how relevant this is but thought I would mention it)- On the 3d of March I was informed I would need to go through a background screening. This was not explicitly mentioned anywhere in the contract or verbally. The screening took almost 6 weeks to be completed.As result, I was wondering if I could claim compensation from my company starting from the 1st of March? Also, they are asking me to sign a new contract with a revised start date, but I am afraid that if I do this the new contract will supersede the old one, and I will not be able to ask for compensation. What would you advise?
Expert:  Ben Jones replied 1 year ago.
Ok so you should maintain that he original start date was 1 March as that is what was agreed and it was not made conditional on the things they want you to do now. So if you agree to change the contract’s star date to a later one, you risk not being able to show that originally it was the 1 March you should have started on. So you should either try and keep the contract date as 1 March and ask to be paid from the start of that contract, or negotiate compensation separately and once that is confirmed, you can agree on amending the start date of the contract. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 1 year ago.
Brilliant, thanks. Before wrapping this up, would you be able to read through the contract and offer letter I sent last night in case there is anything I have missed that could invalidate my compensate claim?
Expert:  Ben Jones replied 1 year ago.
No nothing in there I can see that would affect this
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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