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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My name is***** and I was working

Customer Question

Hi, My name is***** and I was working forXXX XXXXX  until last Monday. Well I was sack without reasons and without contract but my recent director XXXX XXXX sent me email with dismissal and reasons as follows: 1) I start early with XXXX when I was on garden leave but I was asked by XXXX to start early. Normally I should close my employment with old company 17/04/2015 but 18/03/2015 my old employer told me I am free, I put my resignation there. I was waiting until 30/03/2015 to start new work and everybody was happy I can start earlier until now. At the moment for my director it is gross misconduct I start earlier. 2) I do not fit the team and I am not suitable for the role. I was working just 3 weeks for  XXX and I was one week in  XXX and 2 weeks in Rostock, Germany. Moreover my director XXXXX XXXXX r advice.

Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Do you think you are being discriminated against in the decision to dismiss you and is there any connection between your old employer and the new one?
Customer: replied 2 years ago.

Dear *****ny,

Yes, it could be but I resigned from work for XXXXX 17/03/2015, they asked me leave the site 18/03/2015, I was awaiting until 30/03/2015 and I started new role for XXXXX . I have opportunity to get new job on Friday but I do not know what I should say new employer. Shall I mention about XXXXX or just I should say ok I was working for XXXXX until 17/04/2015 and and of story but XXXXX dismissed me on 20/04/2015 and in my opinion they have had no rights to do it. It looks like revenge from XXXXX because my resignation. Please find attached below it is radiculuos. I do not know shall I go to solicitor and start court activities? Please advise?

Expert:  Jenny replied 2 years ago.
Adrian can you tell me more about where you have actually been working?
Customer: replied 2 years ago.

Yes. At the moment

My last employer until 20/04/2015

XXXXX XXXXX XXXXX

XXXXX XXXXX XXXXX

XXXXX

VAT Reg: XXXXX

Company Reg:XXXXX

Expert:  Jenny replied 2 years ago.
ok but where have you actually been physically located?
Customer: replied 2 years ago.

I am leaving in Darlington, United Kingdom

Expert:  Jenny replied 2 years ago.
Are you also working there?
Customer: replied 2 years ago.

No I just living in Darlington and I was working in Billingham until 20/04/2015 when I was sacked and I had to pass security all my belongings like mobile, charger and documentation which I picked up from Rostock, Germany. I was straight from ferry when it happened. Around 11.00 a.m. I was treated like trash. I didn`t deserve on it that is all. For me such accusations after 3 weeks service while I had training abroad it is shocking for me.

Expert:  Jenny replied 2 years ago.
so was the contract to work in the UK? I am sorry I am just a bit confused about your use of the word Offshore, I just want to check you are not employed on a rig or something like that?
Customer: replied 2 years ago.

No, I am welding engineer and the name of company could be confusing but XXXXX XXXXX it is just name of company. They produce big pipes up to 10 m diameter.

I finished my work with XXXXX before I start with XXXXX

Please could you advise what I should do on this occasion?

Expert:  Jenny replied 2 years ago.

Ok thanks sorry for the confusion, on what date did you actually start with XXXXXX XXX ? and you mentioned that you might have been discriminated against, on what of the following grounds do you think this might have occured: Sex, race, age, nationality, disability, religious belief or for trade union activities or for raising a health and safety complaint?

Customer: replied 2 years ago.

Nationality for sure, maybe somebody was not happy in Germany because I Polish, but it could be revenge for my resignation from XXXXXX XXX as well.

I put my resignation in XXXXXX XXX 17/03/2015 and 18/03/2015 was my last day at work. Moreover because of my contract with Darchem I was on garden leave until 17/04/2015 but I didn`t need to do nothing because I have already finished with Darchem. That is why I started earlier with XXXXXX XXX because they asked me to do it. I sacrifice my free time to start earlier and now it is a reason to sack me and give me gross misconduct, even I never signed with XXXXXX XXX any contract?

I asked XXXXXX XXX on many occasions about contract but I didn`t get it until now. What I should do? How I should treat dismissal letter from XXXXXX XXX ?

Expert:  Jenny replied 2 years ago.
Hi sorry to push the point but what day did you start at OSB?
Jenny and other Law Specialists are ready to help you
Expert:  Jenny replied 2 years ago.
details below
Customer: replied 2 years ago.

I start XXX 30/03/2015

I finish with Darchem 18/03/2015 but I was on garden leave until 17/04/2015

I was asked to start earlier by XXX and now they believe it is gross misconduct because I didn`t inform them about my garden leave.

It is joke. I sent them information that I should finish my work with Darchem 17/04/2015 but I will be discuss it with my manager and unit director from Darchem. I see first in my life such reason for gross misconduct because I start work for somebody earlier.