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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48170
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hiya Ben I need some advice. I applied for a job with a UK

Customer Question

Hiya Ben
I need some advice. I applied for a job with a UK company and had requested job description before attending interview. I was happy with the job description and proceeded to interview after which I was offered the job. Upon starting the job I was given a contract but the duties in the contract were totally different to those in the job description and the salary was also different to what they had stated. I raised this with the line manager and owner but was told to leave, after just one week of employment. I cant claim unfair dismissal. I gave up employment else where to take up this job. Can I claim misrepresentation and how do I proceed?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Were you paid your contractual notice period?

Customer: replied 1 year ago.
I was paid for the contractual period.
Expert:  Ben Jones replied 1 year ago.

Thanks for getting back to me. Claiming misrepresentation in these circumstances could be rather difficult. Even if the job was misrepresented, the employer would have had the contractual and legal right to terminate your employment early. As you are aware you cannot claim unfair dismissal and contractually they have met their obligations by issuing you with the required notice period on termination.

If you did want to take this further then the claim would be initiated in the county court and you would be seeking damages such as loss of earnings resulting from this.

Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, 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 1 year ago.
Hiya Ben
Thanks for your response. Trouble is, they paid me the notice period but didnt actually give me written notice (as stated in the contract they gave me) having contacted ACAS I was told they had to pay me the notice period regardless hence the reason I contacted them and they honoured it. This counts as breach of contract right? Also, if I claim do I claim based on the salary they would have paid me or based on what I lost having left my previous job?
Expert:  Ben Jones replied 1 year ago.

Not giving you notice in writing when required to do so is a likely breach but the losses you are entitled from that are just the notice period pay – you cannot penalise them instead. You would be claiming on losses from job you left, but remembering you have a duty to minimise these, so looking for a new job ASAP and if you find one – deducting this pay from what you are claiming