Employment Lawyers Can Answer Your Employment Law Questions
Hello did you have a contractual notice period you were entitled to on termination?
Thank you. The issue here is going to be the fact that you are working either as an agency worker or as a contractor, basically not an employee. Only employees will have protection against unfair dismissal, which means that as someone who is not an employee you will not be protected against that. What this means is that the employer is free to terminate your employment at any time and more or less for any reason. They cannot use any discriminatory reasons for this, such as anything linked to your gender, age, race, religion, a disability, etc but in any other case they can dismiss. They will also not be required to justify their decision or follow a fair procedure. Saying that, if your contract contained a clause with a notice period due on termination then you would be due that, unless the dismissal is for gross misconduct. This is what they have used here but they have not given you the chance to defend yourself or try to show that there was no gross misconduct. So whilst you will not be able to challenge a dismissal itself, you could challenge the severity of the reasons used and at least get any notice period you may be due.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to challenge them over any notice period you should be due, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
If you re an agency worker you are not protected against unfair dismissal. Also if you are working as a contractor through an agency, then again you cannot claim unfair dismissal. The contact you were on is not something that is determined by law, it is what you are offered and what you have accepted. So on the assumption that you had continued working under these terms you would be bound by them, even if others were working under different contracts.
Zero hours has no guaranteed hours, so you may not have bee on a zero hours co tract but at the same time that does not give you additional rights here - it is not because of being on a zero hours contract that you cannot challenge it, that is due to your employment status either as an agency worker or a contractor. So in the circumstances all you can go after them for them is potentially the notice period due
There is no right or wrong solution - it is what works best for you - you may need a reference for future work and that may be more important than trying to make FOI requests which may not help you. I would say go for a reference and some notice period if you can but if they are willing to allow you to work until Dec - then at least it will bring you some more income in the meantime
I am going offline now so may not be able to answer any more follow up questions at this time, thank you
You are welcome...just remember that what is fair is often a moral argument rather than a legal one and there is a distinct difference between the two. Best of luck
no problem, all the best for now