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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been dismissed after 9 years from Eni with a letter

Customer Question

I have been dismissed after 9 years from Eni with a letter and desire to claim and be indemnified.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What would you specifically like to know about this?
Customer: replied 1 year ago.
I would like to contest it and claim damages for discrimination, false promises and unfair dismissal
Customer: replied 1 year ago.
Hi Ben,
It is obvious that I am very far away from being satisfied from this answer.
I expect a series of exchange for more information.
Best regards
Expert:  Ash replied 1 year ago.
No, there is NO AGREEMENT. They can't force ANYTHING or keep any fees.Does that clarify?Alex
Customer: replied 1 year ago.
I do not indet understand. I have paid 56£ for an answer to my question
Is this the answer?
Expert:  Ash replied 1 year ago.
sorry I replied to the wrong question my mistake.
Expert:  Jenny replied 1 year ago.
Hi it appears there has been an issue with this question. I am more than happy to help you with this and I am a qualified employment lawyer. Can you tell me more about the circumstances leading to your dismissal and the letter you have been presented with?
Expert:  Ben Jones replied 1 year ago.
Hello i am still dealing with this question , can you please clarify when you were dismissed and the actual reasons for dismissal. As much detail as possible please so i can assist
Expert:  Ben Jones replied 1 year ago.
can you please clarify when you were dismissed and the actual reasons for dismissal. As much detail as possible please so i can assist
Customer: replied 1 year ago.
On late March they have started a cycle of consultations to find for me a new position in the company, but notwithstanding my multidiscilplinary competence, experience and skills, on the 25th the told me that there is no possiblity to reallocate me and they have confirmed the redundancy. So, for the three months of notice they will keep in force up to the 30th paying me in lieu of notice from the 1st to the 25th of July.
For me it is just because of my age and my high experience and competence and also because in the latest organisation changes, the group of my "sponsors" has been eliminated.
Further, one month ago I have scheduled to undergo a major surgery that needs 12 weeks of recovery and rthey oblige me to leave my position and the flat i have by the 30th of June.
My employer is Eni International Resources Limited, but substantially is ENI SpA with Headquarters in Milan, Italy. The validity of this contract is something that I am investigating with my Italian Lawyers, but, actually I need to know wether is legitimate what they are doing to me according to the UK labour Law.
Thanks.
Customer: replied 1 year ago.
Maybe it is better if I give you some more elements:
- My contract started on the 28th July 2007 as Head of Project Services Dept, of Petrobel, the Joint Operating Company of ENI in Egypt that manages the 80% of the oil & gas resources of the country. I have served there up to teh end of Septemebr 2012.
- In October 2012 I have been called in Milan, the HQ, to set up and start up the central department of Investment Costs Estimating of the Company. Completed and while running it successfully, on the 30th of June 2015 they move me in London.
- In ENI UK as Senior Project Manager for the project of the Project Management Model Design for the Integrated Gas Projects, Giant Projects that are coming up in the very last years and where no Oil Company knows where and how to apply rules and practices.
Customer: replied 1 year ago.
In this position, of which assignment was ending the 30th of June, they had promised me in January 2016 that there were some alternative positions.
In the previous one, when I have been called in Milan to agree and accept I have been told that the position in Head Quarters was a position of Vice President, corresponding to a Senior Manager level and not of a Manager as I was and always remained so far.
Expert:  Ben Jones replied 1 year ago.
Thank you. Were you employed under UK law on the latest contract? Also what evidence is there to claim that this is due to your age?
Customer: replied 1 year ago.
Yes, my contract is a permanent contact with EIRL but the last secondment contact was with ENI UK. Both are UK contacts. When there is no further assignment, the permanet contarct comes to an end.
The discrimination of the age is not easy to prove, but the mother company has a way of acting centrally, so all the subsidiaries are aligned, no mind whether the local legilsations permit it or not, according to which over a center limit of age, that is 40 years they do not promote to senior managers level.
So, I have entered in the age of 53 as manager and without saying something like this explicitely,I have not been given the promotion to vice president since it had to pass from manager to senior manager level.
Customer: replied 1 year ago.
Also I do not know if they can dismiss somerbody while he is in hospitalisation phase for a major surgery.
Expert:  Ben Jones replied 1 year ago.
Hi there, thanks for your patience over this, with the bank holiday in the way I have not really been on much but back in the office now and can proceed with this fully. So the first thing you need to consider is what is your continuous length of service with this employer, bearing in mind that to claim under UK law you will need to only take into account the continuous service with the UK employer. You need to check the contracts you had to determine this – if you were employed under Italian law for example, whilst you were in Milan then that will not count. However, it is likely that the time in the UK will be under UK law so will be counted. On the assumption that your UK continuous service started only in June 2015, then it will be only around 10 months in total which you can use. This is relevant in terms of the protection you get under employment law. You see, if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. If you were employed under a fixed term contract (i.e. one which runs from/to a specific date) then such a contract can only be terminated early if the contract allows for early termination. Therefore, if you did not have an option of early termination you can claim damages for breach of contract which would usually be the pay you would have received up to the end of the contract (I presume June 2016). Age discrimination is something which you considered relevant and as mentioned you do not need any minimum length of service to claim for that. However, you must be able t show that you were in fact treated detrimentally due to your age. It is entirely plausible that their actions had nothing to do with your age and just because you are older than other workers who were not dismissed does not mean that age was a relevant factor. So you need something where you can actually be able to show that age was a relevant factor, which may not necessarily be easy. As to dismissal whilst you are hospitalised, there is nothing preventing an employer rom doing that. Someone could be on their death bed and still be dismissed – it is not unlawful, it is a moral argument more than anything. This is your basic legal position. I have more detailed advice for you in terms of the options you have now to take the matter 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
The secondment contract is from July 2015, while the main contract with EIRL, Eni International Resources Limited is since 28th of July 2007.
The VP position, or senior manager level has not been given because it is policy not to give it to individuals over 50. And this is discrimination.
Ok for the rest is ok. So, I only can claim for the Italian rights in ENI Italy, I suppose.
Thanks a lot.
Expert:  Ben Jones replied 1 year ago.
Thank you very much. Ok so you have to check whether the original contract from 2007 is governed under UK law or not as that is what will determine your rights on whether you can go back that far to claim continuous service with them. In any event this will only be an issue in terms of the claim for unfair dismissal because that is what you need more than 2 years service to claim. If you can only claim for the age discrimination then it does not matter how long you have been employed there for. In terms of whether the policy is discriminatory, at first sight it may indeed appear that it is but the employer is able to objectively justify alleged discrimination if needed. What reasons would qualify as being objectively legitimate will very much depend on the circumstances and will evolve through case law with time, but as an example they could include:· Workforce planning· Promoting the recruitment and retention of younger employees· Protecting against incompetence· Ensuring a high quality of service· Having an age-balanced workforce, as this can promote the exchange of experience and innovation, and therefore contribute to the quality of the work· Avoiding adverse impact on pension and benefits, that is, the increased cost of extending such benefits to older workers Of course it does not mean the employer can just pick and choose any of these and say they apply and are reasonable – they need to justify them as being objective in the particular circumstances. In terms of what happens next, you can appeal any dismissal internally at first, or raise a formal grievance whilst still employed by them. After that you can only go to the tribunal to try and pursue this. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.
Customer: replied 1 year ago.
Thanks, ***** ***** point I wanted to show you the letter of dismissal, received and the answer I am preparing. I attach them both. I have to send the naswer within tonight. I have asked them to pay me the riteriment contributions (INPS) for the nexr 4 years that is 200,000 € and an indemnity of 200 - 250 k€.
Please let me know.
Customer: replied 1 year ago.
Sorry my letter was wrongly translated and I have corrected in the last parargaph.
Expert:  Ben Jones replied 1 year ago.
Hi, the letter is fine, I would remove the reference that their act is null and void as that is not really how it works. So regardless of what claims you want to make or how much you want to claim, you MUST go through the ACAS procedure of conciliation within 3 months of the termination of your employment. SO you should appeal internally first and then once the employment terminates on 30 June you can then begin the ACAS process
Customer: replied 1 year ago.
So I can send the letter as is, without the null and void phrase? For the ACAS procedure can you direct me then?
Expert:  Ben Jones replied 1 year ago.
Yes you can, for ACAS procedure please see my post timed 13:45 today - the process is explained in the bottom half
Customer: replied 1 year ago.
Dear Ben,
They have written to me by text that we can meet on Wednesday and discuss the correctness of the dismissal procedure. Sincerely, ***** ***** them whether we can also dicuss about a settelemnt agreement. They told me that it is not possible to talk about settlement in this session.
Therefore, cince I cannot believe that in real life they may tell me that "sorry we made a mistake", and I do not have to time to loose, have to undergo also a surgery, I wanted to go directly to the settlement session.
Can you give me your advice on this?
Thanks a very kind regards.
Customer: replied 1 year ago.
They asked me to write a letter where I request to have canceled the meeting on the procedural correctness and ask to have the meeting for the settlement.
Can I go ahead?
Thanks.
Customer: replied 1 year ago.
In the meantime do I have to communicate to ACAS my intention?
Expert:  Ben Jones replied 1 year ago.
Hi there, you need to check whether this initial meeting was treated as a formal appeal hearing. You should not be asked to give up your rights to appeal just to be able to discuss a settlement instead. If they do not want to discuss the settlement at this hearing then you should still attend to discuss the original topics and then ask for a separate meeting for the settlement discussions. In terms of ACAS, you have 3 months to make a claim so must ensure that you contact them within that time. You are entirely free to contact them whilst you are trying to resolve matters directly with the employer.
Customer: replied 1 year ago.
Perfect! I will have the meeting on Wednesday at 17:00 hours. I will see what is the ptput and revert to you aftrewords.
Thanks
Expert:  Ben Jones replied 1 year ago.
No problem, thanks
Customer: replied 1 year ago.
Yestrerday I had the meeting fo rthe appeal with the MD of EIRL. It has been wrtitten down what we have said and they told me that in a few days they will let me know. I attach herewith the notes in order. Please let me know if, in case they do not satisfy me, I cabìn claim what I consider as due.
Thanks and best regards.
Expert:  Ben Jones replied 1 year ago.
Hi there, thanks for getting back to me. I am more than happy to help further but unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks
Customer: replied 1 year ago.
ok thanks
Expert:  Ben Jones replied 1 year ago.
thank you
Customer: replied 1 year ago.
Sorry but I do not know how to do. I have sent you another request, but I am still not able to send the attachment.
Customer: replied 1 year ago.
I have tried and it is not possible to attach the file.Sorry. I have attched files in the past but now I do not see it possible.
Expert:  Ben Jones replied 1 year ago.
ok have you tried to attach it on here as well?

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