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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 53206
Experience:  Qualified Employment Solicitor
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I worked in a construction company, passed a three-day trial

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Hi.
I worked in a construction company, passed a three-day trial period, I was told that the company has a job for a year ahead. I worked for this company on the basis of a self-employed person for 4 months and on the some day, in the evening after work, I receive an e-mail that unfortunately the company does not have a job for me now, but they will have me in mind for the future, and that I will write out invoice for the work done. In the process of work there were absolutely no complaints or comments to me on the quality of work or behavior. I did not have a written contract with my company, only an oral agreement, I received an e-mail schedule every Friday for a new working week. Is such dismissal legal without any warning? If not, what can I do in this situation?
Thanks.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

First of all, if you were self employed, you have no protection against unfair dismissal. This means the employer does nit need to show a fair reason for dismissal or follow a fair procedure. All they have to do is give you notice of termination, even if you had done nothing wrong.

Even if you were an employee, unfair dismissal protection only kicks in once you have been employed somewhere for at least 2 years. So having only been there a few months, you would not have been protected against the dismissal anyway. So sadly there are no grounds to challenge the dismissal In this situation.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Customer: replied 9 months ago.
Thanks.
I still have only one question - when he should to notify me of termination , in two weeks, one? Or it's okay if I saw the boss at 3pm and he did not say anything to me, and at 7 pm the same day I get a message that for me there is no more work.
Let me know please.
Customer: replied 9 months ago.
in what time should the last invoice be paid for in my situation.
Thanks.

Notice can be given at any time. As self employed you do not have the guarantee of any work being given to you, there is no obligation on them to give you work and also no obligation on you to accept work they have offered. So they could decide on one day that there is no longer work for you and say that they no longer want you. If you had a written contract with a notice period in it then they should have given you that notice, otherwise, it could be without notice.

As to the invoice payment, that still needs to be paid as usual, so for example if they paid them within a set period after submisison, it would still be that, or if it was on a set day of the month, still then. Hope this clarifies?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.
Thanks

you are welcome, all the best