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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47377
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have recently been employed by a company at one of their

Customer Question

I have recently been employed by a company at one of their units close to where I live. However they are now asking me to work at another unit about 20 miles away. At the interview I specifically mentioned that I do not drive. Am I entitled to ask for unpaid leave until the unit that I was employed for is fully operational. Also, I have not been given a contract of employment even though I have worked for them since 15th June.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. When do you think the unit you were employed for will open?

Customer: replied 10 months ago.
There is no definite date as of yet, but the unit has 1 service user for Friday nights only and I'm employed as a full time night support worker.
Expert:  Ben Jones replied 10 months ago.

Thank you. There is nothing stopping you from asking the employer about giving you unpaid leave for a period until the unit is operational but they do not have to agree to it. The main issue with your situation is your length of service. Until you have 2 years service you are not protected against unfair dismissal or constructive dismissal, which means they can dismiss you or force you to leave for more or less any reason (except discrimination, which is not relevant here). So even if they promised you a specific unit and knew you do not drive, they could ask you to work elsewhere and if you cannot do it they can either dismiss you or force you to resign and you cannot challenge it. So that is the main risk with not being able to do as requested.

In terms of issuing a contract, they should give you a written statement of employment particular within 2 months of starting. However, failure to issue you with one does not give you right to claim anything against them at this stage – it is just a requirement but not one you can enforce.

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

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
Can I just ask what you would do in my situation?
Expert:  Ben Jones replied 10 months ago.

Try to negotiate with the employer as best as you can - they have the upper hand here so just see if you can agree on something amicable

Customer: replied 10 months ago.
Thank you so much, it's good to have a legal slant on what I was thinking. I have rated you 5 stars as your advice has put my mind at ease. Lindsey
Expert:  Ben Jones replied 10 months ago.

You are most welcome, best of luck

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