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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47404
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I believe I have lost my supply teaching work due to a

Customer Question

I believe I have lost my supply teaching work due to a malicious falsehood. This being that an allegation was made but not properly checked and as such I had my contract terminated. The alleged safe guarding issue is not in the slightest a safe guarding issue and the only safe guarding problem is their lack of safe guarding and duty of care for me. I'm now without income and a questionable short stay at a place of work. I want to seek damages for malicious falsehood and loss of earnings, based on promise of 9 months work. Is this possible?
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Were you on a fixed term contract and did it have a clause allowing for early termination?

Customer: replied 10 months ago.
I'm a supply teacher and I was booked fir the academic year. I imagine there is no restrictions to the school in terms of being able to end the contract at any point . However, had I been an employee the neutral act of suspension would have happened and after finding no issue back to work. I didn't even get to explain.
Customer: replied 10 months ago.
I asked about malicious falsehood because of the lack of proper investigation. If this is the reason to end my contract it must be wrong.
Expert:  Ben Jones replied 10 months ago.

The issue here is going to be your length of service. 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.).

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

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.

Malicious falsehood would not come into this because the dismissal can take place regardless of whether it was done for false reasons, as long as it was not discriminatory.

Your only other option would be if the employer had no right to terminate the contract early by giving notice – in that case terminating it without such a right and for an unjustified reason could amount to a breach of contract and you could consider pursuing them for compensation for the lost earnings from the early termination.

This is your basic legal position. I have more detailed advice for you in terms of the options you have on taking this 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Customer: replied 10 months ago.
I figured that would be the case , hence the malicious falsehood idea. Because the dismissal was as a direct result of an unfounded issue and they didn't properly investigate or allow me to respond I thought it might fall under that. I lost position and money due to it. However, I was aware I essentially have no rights. Classed as a worker I don't know if I'm entitled to same level of integrity and fairness in this case. I'm guessing not. Typical.
Expert:  Ben Jones replied 10 months ago.

were you working as an agency worker?

Customer: replied 10 months ago.
through a supply teaching agency. Was my different treatment to regular employee not discriminatory?
Expert:  Ben Jones replied 10 months ago.

the whole point of having agency workers is the flexibility around employing them, and the ability to terminate their employment as and when heeded and at short notice. You are not protected against unfair dismissal anyway as agency worker and I really do not see a malicious falsehood claim succeeding here unfortunately because they would have had the legal right to terminate your employment anyway

Customer: replied 10 months ago.
morally repugnant but legally acceptable. Wonderful. Thank you for your insights though. Helpful.
Expert:  Ben Jones replied 10 months ago.

you are welcome, sorry it was not better news