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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Good morning. I am not sure if you can help me on this but

Resolved Question:

Good morning.
I am not sure if you can help me on this but I thought it was worth asking the question and I apologise for the length of my email.
I have been a paramedic trainer for many years and a state registered paramedic for 20+ years.
In 2006 I was subjected to an internal investigation by the service I was working for and following this initial investigation was cleared of wrong doing and returned to work. One week later I was re-suspended and subjected to another investigation based on one witness statement being altered (apparently double jeopardy doesn't exist in employment law). As a result I was dismissed from the service in 2009.
Following this dismissal my professional body decided that even though I they didn't agree with my dismissal they would have to be seen to be doing something so suspended my registration for 6 months. Since then I have maintained an unblemished record as I had done up until the incident in 2006.
Following some very poor advice I took my employer to industrial tribunal and lost based on the fact that the hospital trust had followed correct procedure. I was informed by the chairman of the tribunal that at no time was my professional called into question and the tribunal was there simply to ascertain if correct procedure had been followed. Sadly because of the nature of the incident and because of my surname the press had a field day with the story and now this incident seems to be following me for the rest of my life!!
That is the simple background to my situation but what follows now is the basis of my issue.
In 2013 I was asked (by a company that provides paramedic instructors) if I would like to do some work with an ambulance service elsewhere in the country. The rate of pay was good, lots of work, I was back doing what I do and know best and the whole thing has been going so very well (until yesterday afternoon).
The administrator responsible for running the training department and engaging external tutors informed me that I was not required back on monday for the rest of the course or subsequent courses that I have been booked to tutor on.
When I started working for this service both administrator, deputy chief officer and some of the tutors were aware of my history and didnt have an issue or problem. On a couple of courses over the last 12 months some of the students discovered my background and I have experienced nothing but sympathy and support for what has had happened in the past.
I am now 8 years on from the incident and both prior and following that isolated incident have had an unblemished record.
When I questioned this out of the blue decision I was told that this decision had been made by the board of non executive directors and they had decided that I was to be told I was not wanted back as I presented a "reputation risk" to them?
I have been working with them for 12 months
I have had no issues at all with either trust, staff or students
I have trained in excess of 110 students for them
They had booked me until the end January 2015
Negotiations were in hand to extend that to end of 2015
I have booked and paid for 3 months accommodation and ferry travel
At no point was I asked to meet with the non executive directors explain to the my background etc..... The decision was made with me have no prior warning this may happen, no complaint against me or anything
Basically they have pulled the carpet from under my feet they have succeeded in stirring up the past for no apparent reason, they have managed to destroy my self confidence , my wife is beside herself wanting to know how long this is going to go on for. Even the administrator argued to the board "how many times does a man have to be punished for one(alleged) mistake??
Please ..........is there anything I can do any recourse open to me??
WHAT CAN I DO....If anything??
Thank you
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. What are you hoping to achieve in this situation?

Customer:

Hello ben

Customer:

What I am hoping for is for the trust to reconsider and for me to continue working with them to show that they can continue their trust in me as they have been doing for the last 12 months.......or if all else fails to try and get some financial recompense for the monies I have already spent and the lost earnings based on the fact they had booked me to work for them for the next several months........... at this point in time if they do not let me carry on I am / will be out of pocket by approx £25000 (based on accommodation booked and paid for, ferry crossings booked and paid for) and what I would have earned to end of January in course (my time currently agreed and booked)

Customer:

Hope that ,makes sense??

Customer:

Bot***** *****ne is I dont want money I just want to carry on working as I have done nothing wrong!!!.......PLEASE HELP

Ben Jones :

Thank you - are you currently working for them as an employee or self employed?

Customer:

I am currently working for them as self employed

Ben Jones :

Thank you. As a self employed worker your rights are somewhat limited in a sense that you are not protected against unfair dismissal. This means that the employer can decide to terminate your employment with them at any time and for more or less any reason as long as they follow the contractual terms you have with them. For example there may be a contract in place which provides a specific notice period which when given by the employer will terminate your employment. As long as they follow these terms they can end your employment even if it is for a reason linked to the past which is incorrect. There is no reason for them to justify the reasons for dismissal and as mentioned they can rely on more or less anything, whether it is untrue, a rumour, or completely made up. As self employed you do not have the right to challenge the reasons for the dismissal, as long as the employer has followed the termination clauses in your contract, or if one does not exists – given you reasonable notice of termination.

The fact that you had made certain booking in the future for the work you were expected to do would unfortunately also be irrelevant. These bookings would have been made on the proviso that your employment could still be terminated at any point under the contract so you would have basically been making them with that risk in mind. Assuming the contract was terminated by following these terms, you cannot claim for loss of earnings. Only if they do not follow the termination clause can you clam for the equivalent of the notice period you would have been expected to work, and again that is unlikely to be the full time of the bookings you had and will just be a specific period, like a few weeks, or a month, etc – depending on what is in the contract.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.

Customer:

As you say not the answer I was hoping for at all but quite understand the reasons behind it.

Customer:

Thank you

Customer:

I will now rate your service

Customer:

Again my thanks

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