How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48736
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Jones' I do not hav eany other that what I have

Customer Question

39;for Ben Jones'
I do not hav eany other that what I have wroìitten to you. I wanted only to add the attachment.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hi I did not see an attachment earlier, can you please try again
Customer: replied 1 year ago.
Evevn in this new area of conversation, I do not see how can I do
Expert:  Ben Jones replied 1 year ago.
There should be a paperclip icon which you can use to attach the file. If it does not work you can upload it to a third party file hosting service, like www.mediafire.com and just send me the download link on here, thanks
Customer: replied 1 year ago.
I will try it on Monday. I would like to ask you another question. The notice period is, in accordance with the UK law, interrupted by a sick leave? Or better, since my notice period starts on the 25th of April and ends on the 25th of July, if I undergo a surgery on the 23rd of May and I take a sick leave for one month, does the end of the notice period moves to the 25th of August? And if the notice period is more than one month does all the sick leave is absorbed by the postponement of the notice period?
Expert:  Ben Jones replied 1 year ago.
Notice period is not interrupted by sick leave - so sickness absence can count as part of the notice period. So going on sick leave will not change the termination date
Customer: replied 1 year ago.
ok thanks a lot
Expert:  Ben Jones replied 1 year ago.
no worries, feel free to get back to me on the other matters whenever you want to
Customer: replied 1 year ago.
there is nothing to do. I can only accept the situation get what they give me and end my work on the 30th of June. Is it all I can do?
Expert:  Ben Jones replied 1 year ago.
In effect no, you have already appealed so at present you simply have to work your notice period and once your employment terminates you can consider your options, such as whether to go to the employment tribunal.
Customer: replied 1 year ago.
Ok thanks. I will seek your advice once they reply to me. Is the notice period running while they take their time to respond?
Customer: replied 1 year ago.
In the employment tribunal I want to claim, further to the unfair dismissal and discrimination, the fact that effectively my contract is a contract regulated from the Head Quarters and sll the terms have to be reflected. I am Italian citizen and the employer is Italian. It is not fair to employ me with a UK contract to do take redponsibilities and have proxies that other managers have with more guarantees.
Customer: replied 1 year ago.
I am also consulting an Italian lawyer for the same theme.
Expert:  Ben Jones replied 1 year ago.
The notice period is not broken by anything, it continues regardless of what happens. Sadly you won't be able to claim for the issues you mentioned with the contract, that would not be a valid claim in itself. I would be grateful if you could please quickly rate my answers by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 1 year ago.
Ok
Expert:  Ben Jones replied 1 year ago.
thanks
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.
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
I will do it now, since I did not have a device that allowed it to me.
I want to ask you, as a conclusion of the topic we are terating now, if I have to wait for the end of my employment and after this to claim for the additional idemnity. Or do I have to it before?
They have the with a Fund an accumulated indemnity that it is remitted every month from me and them. They call it pension fund. They will take more than 3 months to remit it back to me.
I find this also unacceptable and I want to oblige then to remit it immediately or in a reasonably short time.
How can I do with this?
Expert:  Ben Jones replied 1 year ago.
Forcing them to return this now will be difficult if they refuse. Whilst you can make a claim, the process itself will take a few months and by then you will have been refunded so in the end the claim you had made would be pointless. So that is why there is no guaranteed way of getting it back sooner, unless thy actually agree to release it sooner. In terms of the indemnity, you do not have to wait until the end of the employment, unless it was a specific condition that it only becomes payable at the end of the employment. So in that case you would have to wait for the employment to end because otherwise you would not have fulfilled the conditions to have it released
Customer: replied 1 year ago.
I explain better. The pension fund that I have accumulated is an X amount and they told, theire is nothing written, that it will take three months.
For this either I have to accept the three months or I can refuse. In this second case what is my power? ZERO I suppose.Additionally I want to claim for the unfair demission another X and for the discrimination another X. When is it better to do this? After the end of my employment? Can this interfere with the previous remittance process? Can there invalidate the payment or delay it to the infinity?
Expert:  Ben Jones replied 1 year ago.
If you refuse then you still cannot force them to repay you sooner than the 3 months and as mentioned making a claim for this will likely take as long to come to a decision so you will still end up in the same position but having spent money pursuing a claim, so it is best to accept it. Making additional claims should not affect the remittance process, if it looks like they are delaying it as a result then you can consider making a separate claim for that money
Customer: replied 1 year ago.
I do not intend to claim for the money are due to me. The only thing that I want is to oblige them to have them paid immediately for X that is the pension fund.
The legal action I want to undertake in the UK is for unfair dismissal and discrimination and claim X+X. Can I do it? Is there any hope or the tribunals do not consider this type of requests?
On the other side, outside the UK law, under the Italian law I will claim the other things that I told you but this is an independent stream.
Expert:  Ben Jones replied 1 year ago.
the pension fund matter will have to be a county court claim, rather than a tribunal one, so you will have t make two separate claims, one in the tribunal for the dismissal and discrimination and one in the county court for the pension
Customer: replied 1 year ago.
Thanks a lot. The county court claim can also provide a protection from the tax filing that is responsibility of the company ?
Customer: replied 1 year ago.
Who can assist me for these two claims? And when do I have to initiate them? Before or after the termination of the employment?
Expert:  Ben Jones replied 1 year ago.
it can assist. Who can help - you either have to do it yourself, or get a lawyer but it will cost you. There is no legal aid available for this unfortunately. You can get basic help from Citizens Advice so it is worth checking. As to making the claims, the unfair dismissal has to be made after termination of employment, discrimination claim can be made whilst still employed byt you may as well make it at the same time as the unfair dismissal and the county court can be made as soon as the money becomes due
Customer: replied 1 year ago.
Can you reccomend me a lawyer? That can follow both the tribunal and the county court.
Expert:  Ben Jones replied 1 year ago.
We cannot make reccomendations so you will need to find one yourself i'm afraid. But you can search for local lawyers to you using the Law Society's website. It is then a matter of approaching a few and seeing who is willing and able to take this on.
Customer: replied 1 year ago.
Ok thanks. Do you know what is the costs and the way of payment?
Expert:  Ben Jones replied 1 year ago.
For the tribunal claims you need to pay a £250 claim fee and a £950 hearing fee. For the cpunty court the fees depend on how much you are claiming, have a look on Google by searching for county court fees
Customer: replied 1 year ago.
Thanks very kind. I will di so.
Expert:  Ben Jones replied 1 year ago.
You are welcome