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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49824
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Jones' I do not hav eany other that what I have

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I do not hav eany other that what I have wroìitten to you. I wanted only to add the attachment.
Hi I did not see an attachment earlier, can you please try again
Customer: replied 1 year ago.
Evevn in this new area of conversation, I do not see how can I do
There should be a paperclip icon which you can use to attach the file. If it does not work you can upload it to a third party file hosting service, like and just send me the download link on here, thanks
Customer: replied 1 year ago.
I will try it on Monday. I would like to ask you another question. The notice period is, in accordance with the UK law, interrupted by a sick leave? Or better, since my notice period starts on the 25th of April and ends on the 25th of July, if I undergo a surgery on the 23rd of May and I take a sick leave for one month, does the end of the notice period moves to the 25th of August? And if the notice period is more than one month does all the sick leave is absorbed by the postponement of the notice period?
Notice period is not interrupted by sick leave - so sickness absence can count as part of the notice period. So going on sick leave will not change the termination date
Customer: replied 1 year ago.
ok thanks a lot
no worries, feel free to get back to me on the other matters whenever you want to
Customer: replied 1 year ago.
there is nothing to do. I can only accept the situation get what they give me and end my work on the 30th of June. Is it all I can do?
In effect no, you have already appealed so at present you simply have to work your notice period and once your employment terminates you can consider your options, such as whether to go to the employment tribunal.
Customer: replied 1 year ago.
Ok thanks. I will seek your advice once they reply to me. Is the notice period running while they take their time to respond?
Customer: replied 1 year ago.
In the employment tribunal I want to claim, further to the unfair dismissal and discrimination, the fact that effectively my contract is a contract regulated from the Head Quarters and sll the terms have to be reflected. I am Italian citizen and the employer is Italian. It is not fair to employ me with a UK contract to do take redponsibilities and have proxies that other managers have with more guarantees.
Customer: replied 1 year ago.
I am also consulting an Italian lawyer for the same theme.
The notice period is not broken by anything, it continues regardless of what happens. Sadly you won't be able to claim for the issues you mentioned with the contract, that would not be a valid claim in itself. I would be grateful if you could please quickly rate my answers 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.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
I will do it now, since I did not have a device that allowed it to me.
I want to ask you, as a conclusion of the topic we are terating now, if I have to wait for the end of my employment and after this to claim for the additional idemnity. Or do I have to it before?
They have the with a Fund an accumulated indemnity that it is remitted every month from me and them. They call it pension fund. They will take more than 3 months to remit it back to me.
I find this also unacceptable and I want to oblige then to remit it immediately or in a reasonably short time.
How can I do with this?
Forcing them to return this now will be difficult if they refuse. Whilst you can make a claim, the process itself will take a few months and by then you will have been refunded so in the end the claim you had made would be pointless. So that is why there is no guaranteed way of getting it back sooner, unless thy actually agree to release it sooner. In terms of the indemnity, you do not have to wait until the end of the employment, unless it was a specific condition that it only becomes payable at the end of the employment. So in that case you would have to wait for the employment to end because otherwise you would not have fulfilled the conditions to have it released
Customer: replied 1 year ago.
I explain better. The pension fund that I have accumulated is an X amount and they told, theire is nothing written, that it will take three months.
For this either I have to accept the three months or I can refuse. In this second case what is my power? ZERO I suppose.Additionally I want to claim for the unfair demission another X and for the discrimination another X. When is it better to do this? After the end of my employment? Can this interfere with the previous remittance process? Can there invalidate the payment or delay it to the infinity?
If you refuse then you still cannot force them to repay you sooner than the 3 months and as mentioned making a claim for this will likely take as long to come to a decision so you will still end up in the same position but having spent money pursuing a claim, so it is best to accept it. Making additional claims should not affect the remittance process, if it looks like they are delaying it as a result then you can consider making a separate claim for that money
Customer: replied 1 year ago.
I do not intend to claim for the money are due to me. The only thing that I want is to oblige them to have them paid immediately for X that is the pension fund.
The legal action I want to undertake in the UK is for unfair dismissal and discrimination and claim X+X. Can I do it? Is there any hope or the tribunals do not consider this type of requests?
On the other side, outside the UK law, under the Italian law I will claim the other things that I told you but this is an independent stream.
the pension fund matter will have to be a county court claim, rather than a tribunal one, so you will have t make two separate claims, one in the tribunal for the dismissal and discrimination and one in the county court for the pension
Customer: replied 1 year ago.
Thanks a lot. The county court claim can also provide a protection from the tax filing that is responsibility of the company ?
Customer: replied 1 year ago.
Who can assist me for these two claims? And when do I have to initiate them? Before or after the termination of the employment?
it can assist. Who can help - you either have to do it yourself, or get a lawyer but it will cost you. There is no legal aid available for this unfortunately. You can get basic help from Citizens Advice so it is worth checking. As to making the claims, the unfair dismissal has to be made after termination of employment, discrimination claim can be made whilst still employed byt you may as well make it at the same time as the unfair dismissal and the county court can be made as soon as the money becomes due
Customer: replied 1 year ago.
Can you reccomend me a lawyer? That can follow both the tribunal and the county court.
We cannot make reccomendations so you will need to find one yourself i'm afraid. But you can search for local lawyers to you using the Law Society's website. It is then a matter of approaching a few and seeing who is willing and able to take this on.
Customer: replied 1 year ago.
Ok thanks. Do you know what is the costs and the way of payment?
For the tribunal claims you need to pay a £250 claim fee and a £950 hearing fee. For the cpunty court the fees depend on how much you are claiming, have a look on Google by searching for county court fees
Customer: replied 1 year ago.
Thanks very kind. I will di so.
You are welcome