Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Did the statement have any mention of a notice period for termination?
Is that the whole statement?
Thank you. Don’t worry about the phone feature that is offered automatically so you can ignore it.
It is probably a bit late for them to try and claim you are employed as a locum because you were clearly issued with a statement that you were a permanent employee. However, that will not really change your rights.
The issue is that 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.
So they could easily decide that you are no longer needed for the position or even that you are not suitable, even if there were no issues with your performance. They can legally just terminate your employment by giving you the notice period you are due. If you had no contractual notice period, which it appears you don’t, you would only be entitled to the minimum statutory notice period of 1 week. Of course you would need to be paid for any time worked as well as any accrued holidays during your employment with them.
If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should they fail to pay you for what you are due, 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
Hi there, I will try and answer your questions:
Why do they want me to write an invoice as a Locum? Are they trying to run away from some responsibilities?
As a locum you will be responsible for your own taxes and you will not accrue holidays so maybe they are trying to get away from these liabilities. I would refute the argument you are a locum as you were specifically employed by them as a permanent employee and sue the statement to support that.
According to you, Dr, how much should I receive having in consideration £36.500 per year?
If you were on a salary of £36,500 a year then your weekly pre-tax pay is £701.92 and your daily rate is £140.38. You need to calculate how long you have worked there for to check what you are entitled to.
How about holidays and notice period?
You get 28 days holidays per year if you work full time. You accrue these proportionally over time, so if you worked there a month, you would have accrued 1/12th of 28 which is 2.3 days of holiday, payable at your daily rate above.
Your notice period is a week, again payable at the rate above.
Should I talk to them, Should I wait to see what are they going to pay?
I would wait and see what they pay but don’t leave it too long – they should not be delaying payment so if you have not been paid within a week, you should pursue them for the money owed.
And above all, anybody is free to lure people with promises and not keep their word with impunity?
Legally yes it is possible. As mentioned in the first 2 years of service you could be dismissed for more or less any reason. So this becomes a moral argument rather than a legal one.
Hope this helps?
by law an employer is required to provide you with a written statement of employment particulars within 2 months of starting. This is not a contract but it contains more or less the same things as one. Most employer would issue a contract at the start anyway and you are perfectly entitled to ask for one at the start. if they do not give you one and you are unhappy with that, you simply do not have to take the job
You are welcome, all the best. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Yes I do agree and whilst the contract would have given you rights in terms of notice period, pay, etc it would not have guaranteed protection against dismissal which is governed under legislation. I do understand your frustration but unfortunately the law is the law...All the best
ah you see even if this was a formal written contract, a probation period does not mean you will have been employed there for that period of time. That is not what probation periods are there for. It just means that is the time they can use to determine if you are suitable for the job before employing you permanently but it does not in ay way mean that you are guaranteed to be employed by them for that length of time.
you are welcome
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