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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48202
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I've been subcontracted to the Occupational Health Dept

Resolved Question:

Hi. I've been subcontracted to the Occupational Health Dept of an employer for the past 3 years. Last week I was summarily suspended from my work without warning apparently as a result of a complaint which I have never been given details of and professional standards have since confirmed to be unsubstantiated. The employer has dispensed with my services regardless citing " a number of complaints of unprofessional behaviour" that if true, have NEVER been brought to my attention! Do I have grounds for a loss of earnings/liable claim? They are refusing to release any details of the so called complainant(s). I would be very much obliged if you could give me your opinion.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
What was the complaint please?
Customer: replied 1 year ago.
I don't knowthey refuse to tell me. They just say it was " unprofessional behaviour" and also refuse to give any details of the complainant who wishes to remain anonymous!
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. when you say you were subcontracted I presume you do not work as an employee rather as a self employed or agency worker. In these circumstances you rights will be rather limited I’m afraid. This is because if you are not an employee you do not have legal protection against unfair dismissal. That means that the employer can terminate your employment for just about any reason and without having to follow a fair procedure. All that would be required is to give you the contractual notice period you are entitled to under contract, unless there are conditions which allow circumstances in which no notice can be given. Under law, only employees are entitled to receive a minimum notice period in the event that their employment is terminated by their employer. The self-employed do not have the legal right to minimum notice periods on termination. Whether a self employed worker is entitled to a notice period will depend on their contract. If there is a termination clause that specifies a notice period on termination, the employer would be expected to give that notice if they wish to end the employment relationship. However, it is often the case that no written contract exists, or there is no notice clause in it. In such situations, the worker can still expect a 'reasonable' notice period to have their employment terminated. This is because even in the absence of a written contract they will be working under an implied common law contract and to terminate such a contract a reasonable notice period is required. The only exception is if the contract was terminated because of gross misconduct, that is any misconduct serious enough to justify the employment relationship terminating immediately. What is a reasonable notice period will vary greatly and will depend on the individual circumstances, industry practices, length of employment, frequency of payment, etc. There are far too many variables to consider, which means it is usually impossible to give a precise indication as to what would be reasonable in each case. It is therefore down to the courts to make that decision. The worker can nevertheless raise this issue with the employer and attempt to negotiate a reasonable notice period with them, a period that they will both be happy to accept. In terms of seeing the complaint against you, there is no automatic right to do that. You could ask them to disclose it under the Data Protection Act 1998 but if it was made in confidence they have the right to withhold it. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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