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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47371
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been a sub contractor to a care home provider as

Resolved Question:

Hi I have been a sub contractor to a care home provider as handyman
I was supposed to be made an employee after my Dbs was through that took 6months and still nothing
I asked all the time but nothing then 9months later in aprill 11 this yr my manager phones me to tell me at midday that they have terminated my contract no reason
And both care home managers as I worked in two homes were absolutely gutted as they could not understand how why or what for as they thought the world of me
And now they have taken someone else on who today sent me a text to apologise for taking the job and he was one who said I may have a case to find out about
I've never been let go in any job I've in 35yrs
I just don't know what to do I loved my job but my maintenance manager was so bad at his job he took it out on me as I question and order he should have placed 4 months ago which caused problems for my care home but no disciplinery action the two days later I'm gone and now nothing I suffer from anxiety depression and this has come close to me giving up
Is there anything that can be done thanks for you time
Steve ocallaghan
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.
Expert:  Ben Jones replied 1 year ago.
Were you given a contract at any stage?
Customer: replied 1 year ago.
No contract at all ben
Customer: replied 1 year ago.
No contract Ben
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied. Assuming that you were genuinely self employed then you do not have legal protection against unfair dismissal. Only employees are protected against that so the self employed can be dismissed at any time and for more or less any reason. In addition, 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. So in the circumstances you would only be able to pursue them for a notice period if you did not get one. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take if you are to pursue them for compensation for the notice period, 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
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Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.