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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We run summer schools and contract staff on temporary

Resolved Question:

Hi We run summer schools and contract staff on temporary contracts for periods of 2 to 6 weeks. In our contracts we put a clear statement that says your contract is temporary and is due to end on or before then we state a date. Later on in the contract it states due to the nature of our business it may be necessary to end the contract earlier than expected.We have had to do this in on a few occasions. We had one employee who we had to end their contract early, he had a contract as per above and had a meeting in which he was told the contract was to be ended but that he would be paid any holiday/notice pay owed. This was followed up by a letter to him stating that we had terminated his contract early.Three issues, one he is stating no meeting took place and that he was just told to leave? the manager is adamant a meeting took place, two he did not receive the letter sent him via post or email, the last issue is that despite me chasing him he has still not provided any bank details for us to pay him?He only has 3 weeks service with us, so cant claim unfair dismissal, but insists he is speaking to a solicitor and looking to progress a claim. He is refusing to provide details for us to pay him? so we cannot pay him either hours worked, notice pay or any holiday pay owed.What do you advise here? is there a risk? I don't understated what he can claim?Thank you for your help
Vicki
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ben Jones replied 5 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Do you have an address for him?

Customer: replied 5 months ago.
We have an email address
Expert:  Ben Jones replied 5 months ago.

Did the contract stipulate a notice period for early termination and also did you give him any notice when you ended the contract early?

Customer: replied 5 months ago.
notice is stat and stated in the contract we were going to pay in lieu of notice but he won't give us his bank details to pay him
Expert:  Ben Jones replied 5 months ago.

You are correct that he cannot claim unfair dismissal due to his short service so his only potential claims would be for breach of contract or discrimination. Unless he can show that the dismissal was linked to a protected characteristic, such as gender, age, race, religion, etc then there would be no discrimination. So the issue is then was there a breach of contract? His contract allowed for early termination by giving him notice. You must pay that together with all pay due to date for time worked and any holidays. That is all he is entitled to. You are willing to pay these sums but he is not willing to facilitate that. There is not much you can do in the circumstances so you just have the sum ready to pay as and when needed and make whatever attempts you can in the meantime to make it clear that you have this ready for him. If an email is all you have then use that and keep copies. If he was to make a claim he needs to go through ACAS first anyway and they will serve as a negotiator between you so you will still get the opportunity t pay him what is due through a third party who is more likely to communicate with you.

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 5 months ago.
Great so if I write to him and ask him again to provide bank details so we can pay him al monies owed would this cover us for nowThanks
Expert:  Ben Jones replied 5 months ago.

Yes there is not much you can do. If you had an address I would have suggested you send a cheque but that is not possible so the mentioned email is the best you can do

Expert:  Ben Jones replied 5 months ago.

Hope this clarifies?

Expert:  Ben Jones replied 5 months 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, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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