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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 72601
Experience:  Qualified Employment Solicitor
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My former employee hired me on fix-term contract without my

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My former employee hired me on fix-term contract without my consent. Moreover, he fired me from work without telling me or providing any explanation.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: With the manager - yes, but the issue remained unresolved because he stopped responding to my emails. HR was not helpful with this issue. I do not have a lawyer.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am currently unemployed and I am not part of a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My main question is: What is the law of providing an employment contract or dismissal notice.
Customer: replied 10 days ago.
my comment on this email: I received redundancy pay before being employed again by the same employer and I have not received any notice about the upcoming termination.
my comment on requirements in order to be entitled to furlough: according to the point number two (this document was/is available on the official company's HR & Payroll website saying that I was entitled to furlough but I have not received anything.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long did you work there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 10 days ago.
I worked there for about two weeks until it got closed due to Covid-19 and national lockdown
Customer: replied 10 days ago.
Before being employed again, I was working in this company for 2.5 years

Thank you. What was the break between the end of the initial employment and the stat of the most recent one?

Customer: replied 10 days ago.
it was. But not longer than one month and during the job interview he was aware of my redundancy and said that should be no problem to continue my service on the same contract which was 0 hour contract. Just before the national lockdown he called me to say that I won't be getting furlough and Payroll did not tell him a reason why. I contacted payroll people myself and I was explained that I was hired on a fix-term contract without my consent.

Thank you. Due to the break in between the contracts, your employment would have started again from scratch the second time around and your continuous employment will only count from the start of that role.

The main issue in the circumstances is the fact that you have only been continuously employed at you place of work for less than 2 years. That means that your employment rights will, unfortunately, be somewhat limited. Most importantly, you will not have legal protection against unfair dismissal. This basically 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. They can proceed with a dismissal even if you had done nothing wrong and also without following any specific fair procedure or proving that any of the allegations are true.

As mentioned, there are some exceptions to this, in which case the 2-year rule does not apply. These include situations where the dismissal was wholly, or partly, due to:

- 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 due to not meeting the minimum service criteria for claiming in the Employment Tribunal. 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. That is where you were guilty of something very serious which justifies immediate dismissal, without any notice pay.

In any other circumstances, you would be due a minimum notice period, as per your contract and associated pay. 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 can decide to pay you in lieu of notice. That is when you are paid for the equivalent of the notice period but your employment is terminated immediately and you are not expected to work through your notice period.

There is no leal requirement to have given you reasons for the dismissal or any specific notice, as long as they have given you notice as per contract as mentioned above.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 10 days ago.
What if I have not received any form of notice?

You say you have been fired, how do you know that is the case?

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 10 days ago.
When I was told I won't be receiving furlough, I contacted the head office for an explanation and they said that my employment was terminated a week ago. I was not aware of that.
Customer: replied 10 days ago.
most important thing, I have not received any form of the contract even though I asked for it.

Notice must have been given in some way, which means they cannot retrospectively terminate your employment. The requirement is for notice to be effectively communicated so you must have known that notice was issued to you for it to be valid. If that did not happen, it simply means that your time with the company would have been extended until notice was given and you can expect some extra pay for them. I hope this clarifies things for you a little bit more.