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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61735
Experience:  Qualified Employment Solicitor
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I have just started a new job with contract. Today I was

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I have just started a new job with contract. Today I was terminated as employer cannot use me in job because previous employer ( no issues with them prior to my leaving) refuses to authorise me on premises managing merchandise from new employer. My new role was to coordinate merchandise in three large stores- one of which was my previous. I am only 2 weeks in new job and still undergoing induction regarding merchandise. Old employer will not compromise with new employer so I have been terminated. Now I have no job.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Only with current employer - today
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No don’t think so

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

Has your former employer provided any reason for this?

Customer: replied 5 months ago.
Hi Ben.
Customer: replied 5 months ago.
No this is fine. But web site is shuddering and wants me to authorise a phone call

OK no problem. You do not need to accept the phone call. Please can you tell me if your former employer has provided any reason at all for this?

Customer: replied 5 months ago.
My employer gave a reason that my role is to coordinate brand in 3 large department stores- one of which is where I formerly worked. However that store will not authorise me to represent the product on behalf of new employer. So has terminated my job. I now have no employment as gave up last job in said store which will now not let me exercise my new role. New employer knew I had worked there and there are no issues in last job - so largely sour grapes etc at me leaving.

Yes I understand but has your former employer provided any reason for not wanting to authorise you?

Customer: replied 5 months ago.
My new employer said that it was because of past experience as a brand specialist in their store. No real reason and no issues while there. Totally out of the blue. But new employer said they wouldn’t compromise and would dead petty. However they had to let me go as I could no longer fulfill the role.
Customer: replied 5 months ago.
Hi. Am I still connected to you Ben

Many thanks for your patience. The main issue here is that as far as the new job is concerned, as you have been continuously employed at you 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 the decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

In terms of the ex-employer’s actions, these are not unlawful and there is nothing that would force the old employer to authorise you – it is unethical, I don’t disagree, but it is not unlawful.

Does this answer your query?

Customer: replied 5 months ago.
Thanks Ben Seems so unfair but as you say all legal. Why does anyone change job. So risky. No wonder government has huge unemployment bills. Surely current employer should have checked that out before offering a job. There were no issues about my work standards in last job.
Customer: replied 5 months ago.
Are you answering anymore. Is there no responsibility on new employer to have checked out all this before I left my old job. Isn’t an unethical reason - such as this equal to prejudice/ discriminatory sour grapes etc. And has cost me my job based on no evidence other than presumably don’t like me. No idea why they don’t as had a very positive record. I do know that this brand isn’t doing well in my old department store and might be lifted. Perhaps as I am a rookie with the brand and only going through induction my old store wanted more expertise. But that my new employer must have known.
Customer: replied 5 months ago.
Can Iclaim damages/ loss of earnings. Complete upheaval as living in London hardly affordable without a job.
Customer: replied 5 months ago.
Should I contact just answer as seems to have been disconnected. I have been waiting about half hour for response if still there.

I am here but in meetings and seeing clients from time to time as well – this site is just something we do on the side.

It is not risky hanging jobs overall, it is just bad luck that you have ended up in this position in this case. The majority of people change jobs without any issues.

It is not for the new employer to check all of these issues before they take you on, especially if these potential issues were not brought to their attention in advance. You will find it extremely difficult to argue that against them and make them liable, it would be a waste of time to be honest.

And no, this is not discrimination, even if it is to do with a case of sour grapes – do refer back to my original answer on the grounds which amount to discrimination, which I do not see any being relevant here.

Does this clarify things a bit more for you?

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