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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I am a Portuguese Veterinary Surgeon legally registered with

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Good Evening
I am a Portuguese Veterinary Surgeon legally registered with the RCVS. On the beginning of June a Company hired my services although not writing a contract they wrote a Statement in which is declared the type of employment(full time on a permanent basis)
On our first meeting I have highlighted the issue of not working as a Surgeon for about twelve years, thus I would be a little bit rusted. They accepted and said that we would have three months to know each other. Without any notice on the last day of the first month (June) they said that I wouldn't be needed anymore. They didn't pay me yet but they instead asked for an invoice of mine saying that I was iworking in a one month locum. I don't know what to do nor if I have any rights.
I wonder if you could help me
Thank you
**************** **************
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

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?

Customer: replied 1 year ago.
I would like to talk but the place I live doesn't have enough signal and I can't phone. (Strange but true)
The statementis as FollowsÇ
STATEMENT OF EMPLOYMENT FOR **************** ****************
This letter is to confirm ******* ********* commenced full time employment with us on 6th June 2016, on a permanent basis. He is on an annual salary of £36.500
He is also renting accomodation from one of the Directors, ****************. The Adress is as follows:
****************
Expert:  Ben Jones replied 1 year ago.

Is that the whole statement?

Customer: replied 1 year ago.
This is exactly what is written in the statement. This is the all st. the only thing is not mentioned is the signature of the manager and the head of the letter with the Logo of the Company.
I am sorry as I mentioned I cant use the phone here.
Customer: replied 1 year ago.
Sorry. The statement was written , because the Bank needed a proof of address, on the 16th of June.
On the first of July they gave me the "good" news
Expert:  Ben Jones replied 1 year ago.

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

Customer: replied 1 year ago.
Who am I to rate your work Dr?
You are a Lawyer and I only know about fur.
As far as I know, you Dr, did your best and I will rate your work according to my understanding and satisfaction, thus on a emotional perspective and not on a technical one I will give 5 because I can not give more.
However I still have some questions to ask:
Why do they want me to write an invoice as a Locum? Are they trying to run away from some responsibilities?
Should I write one?
According to you, Dr, how much should I receive having in consideration £36.500 per year?
Four weeks?
One month?
How about holidays and notice period?(one week more ?) AS you know they told me in the meeting that I would have three months to be evaluated and to give me enough time to shape my hand and brush off the rust. Even rusty I performed four successful surgeries during this period.They fired me on the first month without any notice whatsoever. They told me on the first of July whatever they have decided.
Should I talk to them, Should I wait to see what are they going to pay?
And above all, anybody is free to lure people with promises and not keep their word with impunity?
Thank you for your help.
Expert:  Ben Jones replied 1 year ago.

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?

Customer: replied 1 year ago.
Thank You Doctor, It did help to understand what I can do and expect.
I will keep your words and teachings on my "Law file"
Please if you don't mind let me ask one more question.
If I come across with other employment offer, should I ask for a contract? Do I have that right?
My best regards
***********
Expert:  Ben Jones replied 1 year ago.

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

Customer: replied 1 year ago.
Thank you Doctor
Antonio
Expert:  Ben Jones replied 1 year ago.

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

Customer: replied 1 year ago.
your work, Dr, worth five stars
The law itself deserves only one mainly because, although it is said that a contract of employment is the agreement either written or even what has been agreed verbally between the two parts,the law doesn't cover the rights of the employee as far as unfair dismissals are concerned.
Honour should be a pillar of the society. A handshake should be as strong as a law. In this case they broke their word and I have to accept that fact smiling.My best regards
Antonio
Expert:  Ben Jones replied 1 year ago.

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

Customer: replied 1 year ago.
the issue is exactly that, Dr.
I am not asking protection against dismissal but rather for my rights that resulted from a verbal contract.
The contract although verbally is there, and thus I shouldn't be entitled to receive the equivalent of one week of notice period but the one of two months because I have been told that the experimental period was three months. But again as the song says: "Its only words..."
Once again Thank you
Expert:  Ben Jones replied 1 year ago.

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.

Customer: replied 1 year ago.
Thank you Dr
Expert:  Ben Jones replied 1 year ago.

you are welcome

Customer: replied 1 year ago.
Hello Dr
I did rate your job already. Five stars.
Allow me to report one thing that I was not expecting and that doesn't have anything to do with your work.
Actually I was at this very moment trying to get in touch with the site'"Manager" when I saw your message.
I saw online in the Google's search engine, when I was searching for my Grand Father's name, my name and my questions to you. I thought that this was a private conversation. No one have asked me for permission to put my private conversation online. I would ask for the withdraw of those lines thank you.
Regards
****************
Expert:  Ben Jones replied 1 year ago.

Hello, I have nothing to do with how the site operates unfortunately but under the terms you signed up, which you can access at any time, I believe it is made clear that this is a public forum. These are the standard terms which apply to every user on here so I am sorry if you did not see them but I will request that any personal info is removed.

Customer: replied 1 year ago.
Thank you . Much appreciated
Expert:  Ben Jones replied 1 year ago.

no problem, request already sent

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