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: 47368
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I am working security company. My manager me off

Customer Question

I am working for an security company. My manager laid me off from work for at least 2 months. My visa ran out on 22nd of November and my application posted on 19th of november. But on 2nd of December i received my Biomatric enrolment letter and then 22nd of december i got my certificate of application and still after that. My manger put me on work 5th of january. and now he is keep moving me aronud on different sites. rather then put on my old permanent place. can He do like this put me out of work that such long.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
my visa ran out 22nd of november 2015. and application received by home office 19th of November 2015.
Expert:  Ben Jones replied 1 year ago.
Hello does your contract say you can get laid off?
Customer: replied 1 year ago.
no in my contract its never says that they can lay me off from work.
Expert:  Ben Jones replied 1 year ago.
As an alternative to dismissal (most commonly because of redundancy), an employer may wish to deal with an unexpected downturn in business by laying off employees (asking them not to come into work) or putting them on short-time working (reducing their working hours/days). The legal definitions of the two options are:
• Laid off - if an employee has been told to go home for at least one full working day.
• Placed on short-time working - if an employee's pay for the week is less than half a normal week's pay.
It is only possible to lay off employees or put them on short-time working when an express or implied contractual right to do so exists. If such a right does not exist the employer will be acting in breach of contract and that could entitle the employee to resign and claim constructive dismissal. The issue is that you need to have been employed the for at least 2 years continuously to be able to do that.
So there is protection available to employees who have been laid off or who have had their hours cut. In the absence of a contractual right for the employer to do this they will be acting in breach of contract and you can pursue them for the lost pay for that period, but only if you had guaranteed hours under your contract. If you were on a zero hours contract for example you cannot claim anything as you would not have had any guaranteed hours of work.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Mr Ben i am on 40 hours contract. and my i have same legal status in this contry. i dint even spen even a single day illegal. they just turned me down for work because. they saif yours visa is running out and i had the letter from my solicitor and proof of posting my application. but still he kept me out of work during christmas time where i meant to work about 13 hours a day 6 days week. i am working in same site nearly 2 years. but just of legal status he refused me to put on work. which by law i know as soon as your application submitted yours previous status applies on you. i am an family member of EEA national.
Expert:  Ben Jones replied 1 year ago.
Yes so the reasons they relied on are wrong and it makes them in breach of contract. There are ways to try and claim the money owed for that period and i can discuss these with you if you need me to. If you could please leave a rating then we can talk about these options with you. Thanks
Ben Jones and 3 other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
Customer: replied 1 year ago.
thanks sir. i would definately contact you by tomorrow evening. lets see whats my employer says.
Expert:  Ben Jones replied 1 year ago.
No problem, any time