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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50191
Experience:  Qualified Employment Solicitor
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Jones, Ben, couple of questions re my last query.

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For Ben Jones, Hi Ben, couple of questions re my last query. 1 If you have had <2years (18months) service, and were terminated with notice, but you think there was an undertone of religious/racial reason, and you won a case, what would be the basis of
the typical compensation you would get? For example for me to get a similar job would take up to 6 months, not 3 of my notice period paid for. 2 If I had also overworked and been too stressed and needed longer time off before a new job, would that also be
part of any compensation? 3 Contractual They told me in a letter my role was being made redundant, verbally they said no consultation period would be in the payment, The new leader who took over our geo in addition to his existing Middle East one, had already
terminated our geo leader (my boss in EU), he emailed me saying after my personal announcement about leaving he would announce an interim for my role until the org was looked at. BUT after my announcement he immediately announced a permanent replacement from
below me that used to work for him. (no chance for others.. peers... to apply). Looks to me like they haven't followed ACAS guidleines, I had no chance to raise a grievance per their process or to discuss options or other roles. Frankly I think he had already
found out from his right hand man who I spent days with a year ago, that I am Jewish. He mentioned unsolicited stuff about Israel and Arabs not being enemies in the middle of the two meetings I had...I thought it was weird but ignored it. The guy I had spent
time with has a father who was an eastern Europe geneology expert and while I was with him he identified several of my relatives and explained they were very jewish and lot of hatred around of them in Croatia. The guy I worked with seemed to not be pleased...
he was devout muslim but was polite. A week before the new boss came over the guy I had worked with had been reading my linkedin profile which he had never done before. I think race/religious aspects would be hard to prove, but it just seems odd to me that
I was treated extra well by HR for my exit too. I may not get as much down a discrimination unfair dismissal route anyway.... Just wanted to see what that road pays so I can see is it worth a little pushback to them. In the letter to me they end by reminding
me of my original contract post employment clauses which talk about confidentiality and non-solicitation for 1 year of staff or customers, but I feel that contract has been breached because they didn't really follow ACAS type approaches that would be reasonably
expected in the UK law. 4 Expenses Just about to submit final ones, which they are expecting, found some old receipts and other out of pocket aspects that I am keen to include. Would I have to comply with their normal employment expense policy or can I just
claim my view on out of pocket expenses? e.g. policy probably says must be <3 mths old, but some are up to a year old. FINALLY! Any advice or thoughts on the above? just wondered if I should also send a letter of closure saying I think contract is null and
void. THANKS...David. I am submitting final expenses, I found some from early on in the 18 months, also some expenses that made me out of pocket that I wouldn't have normally claimed for but in the circumstances feel I should get every penny. Am I restricted
by the normal expense policy
Hello again, 1. If a claim for discrimination is made, the usual remedy would be to award compensation for injury to feelings. This is calculated by considering the level of discrimination that the claimant has been subjected to. The seriousness of the discriminatory behaviour is assigned to one of three &lsquo;bands’ known as Vento bands, named after a court case with that name. The current compensation levels are as follows:&middot; Lower band - for less serious cases, for example an isolated incident or event (&pound;600 - &pound;6,000)&middot; Middle band - for serious cases which are not serious enough to fall within the highest band (&pound;6,000 - &pound;18,000)&middot; Top band - for the most serious cases, for example if there has been a lengthy and calculated campaign of harassment/discrimination (&pound;18,000 - &pound;30,000) It is also possible to claim for other losses, such as loss of earnings but obviously you must be able to show that the dismissal was caused due to discrimination and that the losses had been incurred or were likely to be incurred, such as not being able to get a job any time soon. 2. That would be more difficult to claim, it is not something directly linked to the compensation so more likely than not it will not be included 3. No need for them to follow ACAS guidelines. If you are referring to redundancy guidelines &ndash; these are not legally binding, they are just there as a guidance, the employer is not required to follow them. If any other guidelines from ACAS &ndash; you cannot challenge that unless you have 2 years service. So you cannot claim the contract was breached as a result as they would not have been legally required to follow these and they are separate to contracts anyway. 4. You would really be expected to follow their policy because otherwise they can refuse to pay you for these. So if you have not submitted the claims in time, they can refuse to pay you for them. You have nothing to lose by putting them in though. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 2 years ago.
HiI meant if a claim was made for unfair dismissal on automatic grounds of discrimination. I thought compensation for that would be based on any unfair dismissal route. How would compensation be calculated etc and would loss of earnings due to sickness if caused by the job (not the discrimination) be included?re ACAS I meant code for employment handling of a situation re performance or dismissal ,eg before making someone redundant shouldnt there be a discussion/consultation, plus its not cricket re saying a job is redundant then un-making it redundant immediately afterwards, then not allowing others to apply..... just seems jobs for the boys which makes me feel they are not following code/fair employment practices so why would I feel obliged to past contract terms.even if they didnt breach how much teeth do post employment non solicitation of customers and staff really have in general? i.e. could they come after me or stand little chance of winning etc
Sorry yes if you are claiming for automatic unfair dismissal only then you could claim for loss of earnings, these will cover losses from date of dismissal to date of tribunal and then potential future losses but they will vary from case to case, based on your industry, employment opportunities, your age and experience, etc - many factors are considered. If you are unable to look for a job because of discrimination for example, which has made you ill, then you could ask the tribunal to consider that when determining the length of future losses. As to ACAS, i am afraid these do not apply to workers with less than 2 years' service (well they do, but I mean those employees cannot challenge the employer's failure to follow them) so in this case you cannot raise this as an argument. Hope this clarifies?
Customer: replied 2 years ago.
ok that helps a lot. I think it would be difficult to prove that they were unfair on grounds of religion so I wouldn't take action.
BTW I will tip you extra to cover this next question:
1 - contract
based on what your read of my situation, would I be able to shirk off their warning about the original contract terms (that go on for 12 months after employment), by saying something like.... as far as I'm concerned, the original contract we had was agreed to in good faith, e.g. that they would be compliant with UK employment conduct, codes and law. However from what I have experienced and witnessed, my view is that the leadership is not., and that though I will keep my views to myself, they should note that as far as I'm concerned, there is no further obligation on my part to adhere to any past contract as in my view it is null and void.In other words, I want to be able to say something to them that makes it clear they have no hold over me and we are done.2 - Expenses
I have claimed very old receipts in the past without issue. I would like to be able to argue I can claim whatever has put me out of pocket irrelevant of their policy because a) they have paid old receipts in the past = custom and practice, and b) our original contract is null so policy means nothing, all I cafe about is I shouldnt be out of pocket from my role and should be paid what was wholly and exclusively for them. No matter of date.If they dont pay and this is the last remaining issue I'd probably just say I will raise county court claim and issue data protection act as input of data to my counsel, then see if they blink first and then give up if not.BTW I worked like a dog for them and they know it! so I want to squeeze every penny I can before I can close it down.
Hello, for the contract you can say something along the lines of: “every employment contract under UK law contains an implied term which serves to preserve the mutual trust and confidence between employer and employee. It places a duty on both parties to endure that this mutual trust and confidence is not broken. If either party breaks it, then the other could use it to treat the whole contract and the employment relationship as at an end because a term of the contract would have been broken. So by your actions you have broken this implied term and I am treating the contract as being void, together with all other terms and conditions contained within it. This includes any post-termination restrictive covenants, which no longer apply.” With the expenses, you could try and claim custom and practice but to qualify this needs to be a practice applied generally to employees, something which is notorious and certain in the workplace, and which has been applied consistently over time. It is no good to say they have occasionally paid late expenses in the past. But your proposal is exactly what I would have suggested &ndash; submit them, see if they pay, if they do not, then threaten court action and send them a final letter before action. You could even make the claim to make it clear that you are serious about taking this further. Hope this has answered your queries?
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