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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation?
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)
Hope that ,makes sense??
Bot***** *****ne is I dont want money I just want to carry on working as I have done nothing wrong!!!.......PLEASE HELP
Thank you - are you currently working for them as an employee or self employed?
I am currently working for them as self employed
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.
As you say not the answer I was hoping for at all but quite understand the reasons behind it.
I will now rate your service
Again my thanks