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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50170
Experience:  Qualified Employment Solicitor
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I have just been dismissed from job. I am a self employed bricklayer,been

Customer Question

I have just been dismissed from job. I am a self employed bricklayer,been working for this company for over 12 months. It as been common knowledge that the site agent did not like me, and the only way he could get rid of me was by accusing me of not doing a job properly, all the time I have there ,I have been building the garages, and about ten days ago accused me of building them to the wrong pesification. The ground workers said that they had never been given any change of plans for the last 2 years, so the site agent made me the scape goat for this over site, which he wa responsible for ,in the first place.,also he has taken money out of my wages to cover the error?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. can you give me the reason for your dismissal and have you had any previous warning about you work please.
Customer: replied 2 years ago.
No previous warnings, he made it common knowledge that he did not like me this as been going on for the last 7/8 weeks.
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. As you were self employed you do not have protection against unfair dismissal. This means that the employer could dismiss you for more or less any reason and without having to follow any fair procedure. This is one of the risks of being self employed unfortunately – the job’s duration is never guaranteed and it can be terminated at any time. Saying that, when a termination is made the employer is still required to give you any contractual notice period you were entitled to. So check your contract to see if you were due a notice period and if that was given to you.
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.
As to the employer withholding money from your pay, again this is something which must be allowed under contract. If the contract allows it and the employer has followed this right properly they may do what they have done. Otherwise they will be acting in breach of contract and you could pursue them in the small claims court to recover what has been deducted without having the right to do so.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.