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: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I was told during a job interview that I could travel from

Resolved Question:

I was told during a job interview that I could travel from the depot to my site of work on the works vehicle, alongside the driver. I was employed and from April 2013 to May 2014 I travelled on the works vehicle. Last month I received a phone call saying that I could no longer travel on the works vehicle and would have to make my own way to the site. Where Do I stand legally? When I asked management about this, they said they had made a mistake at the interview by saying I could have a lift. Please give me some advice
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did they say why they have actually allowed you to do this until now?

Customer:

Hello Ben,

Customer:

I travelled on the works vehicle from 5th April 2013, (which was the first working day of my employment contract) until 16th of May 2014. The following week was told that I could no longer travel on the vehicle.

Customer:

thank you for your help

Customer:

Anna

Customer:

Dear Ben

Customer:

My original question was not answered. You asked for more information, which I provided. I am now waiting for your response.

Customer:

Anna

Ben Jones :

Hi Anna, sorry I was not online earlier when you replied to me.


 


It is possible for you to argue that the fact you have always been allowed to travel on the works vehicle throughout your time with this company, that it has become an implied contractual benefit. This means that even though it may not have been written down anywhere, it was still something contractually binding and had contractual weight.


 


However, the main problem here is that your rights will be somewhat limited due to the length of service you have with this employer. Until you have at least 2 years’ continuous service, you are not protected against unfair dismissal or constructive dismissal. This means your employer could dismiss you or you could be forced to leave for more or less any reason, as long as it is not linked to discrimination, which does not appear to be the case here.


 


So even if you can argue that the benefit in question was contractual, if the employer refuses to accept that, your options will be somewhat limited. You can make a formal; complaint to them but they will be the ones dealing with it and if the answer remains the same you would either have to accept that, or decide to leave if you believe you can no longer work there as a result. The issue is that if you leave you cannot make any claim against them because you need to have the 2 years’ service to be able to do so, which unfortunately you do not have.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

I have been employed with this company on several temporary contracts since 2010. It was in April 2013, that I was re interviewed and given a permanent contract. I wonder if this alters the situation.

Customer:

Anna

Ben Jones :

were there any gaps between these jobs?

Customer:

No there were no gaps, the permanent contract ended the temporary one. I was given a lift all the time I was on a temporary contract. I do hope this helps and may I take this opportunity to thank you for your help and patience

Customer:

Anna

Ben Jones :

Thanks for clarifying, I presume the temporary contracts were directly with the employer, I mean they were not through an agency for example

Customer:

Yes, I was employed directly by the employer. The organisation was going through a restructure, so people were employed on temporary contracts until the restructure had taken place. After this restructure all those on temporary contracts had to apply for new permanent posts. I was offered and took one of these permanent posts.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice