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Has the construction company officially ended his contract to provide work, or are they still promising to provide him with work when it comes up?
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Just before I finalise my response can you please confirm when his employment started and also if he was working as an employee or elf employed?
Thank you. If he has been continuously employed at his place of work for less than 2 years (whether on probation or not) then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).
If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. His employer would either have to allow him to work that notice period and pay him as normal, or they will have to pay him in lieu of notice.
So when his contract was terminated, assuming he was given the notice he was due, that would have been the end of the matter for him unfortunately. Without protection against unfair dismissal he wold not have been able to challenge the termination and the promises of other work would not have really held much legal ground unless he was made a formal offer of employment, which he accepted.
However, if he as employed on a fixed term contract for 2 years, then the employer could only terminate that if they had the contractual right to do so. It is therefore important to check his contract to see if they had the right to terminate it earlier than the 2 year fixed period If they did not then they could potentially be acting in breach of contract and he could try pursuing them for some compensation for that breach.
This is your basic legal position. I have more detailed advice for you in terms of the steps he needs to follow if he believes there is a reach by the employer, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. As mentioned you need to check whether there was a breach in the first place before you are able to take this further.
Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. 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 party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably 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 pursue the compensation due. 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 other side 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.
Unfortunately I cannot work for you outside of this site as the rules do not allow me to but I am more than happy to assist on here as and when needed.
Hi, thanks for this. It looks like this is a contract governed under the laws of HK o it is unlikely that I can offer you any assistance in this respect as UK law will not cover it unfortunately