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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 73939
Experience:  Qualified Employment Solicitor
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I've started a new job as F& Restaurant manager monday, my

Customer Question

Hi, I've started a new job as F&B Restaurant manager monday, my employer just texted me saying my shifts are cancelled for the rest of the week and the employment terminated, without giving me the 1 week notice following the contract, I've been employed as yearly salary, does he has to pay me this week even if cancel the shifts? and also, to sign this contract I've left my previous job, work offer was "F&B Restaurant Manager" as per contract but since I started i had no staff to manage and i was just with the owner who offer me the job working as waiter, so far from what a manager in that position does, can I ask for damage to this company? I've refused other opportunities and now they left me jobless from one day to another
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: no I'm waiting for their email...he texted me on whatsapp
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employed as F&B Restaurant Manager for this company
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 21 days ago.
Category: Employment Law
Expert:  Ben Jones replied 21 days ago.

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.

Expert:  Ben Jones replied 21 days ago.

What reason did your employer provide for terminating your employment?

Expert:  Ben Jones replied 21 days ago.

and if possible, please upload a copy of the contract you signed on here

Customer: replied 21 days ago.
Hello! thanks, ***** ***** not tell me any reason, e just said my shifts were cancelled and the eployment terminated, told me to wait for an email from HR, but there is no reason, he was happy for the way i worked even if i was doing the waiter and not the position on the contract
Expert:  Ben Jones replied 21 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 21 days ago.
i prefere to have it in written here by chat, thanks
Expert:  Ben Jones replied 21 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

As you have worked there for less than 2 years you have no unfair dismissal protection which means they could have terminated your employment without any fair reason or fair procedure, simply because they changed their mind for example. You are still due any rights under contract, such as the notice period, which means you are due to receive a week’s notice and equivalent pay. This is even if they do not want you to work during that week.

It is highly unlikely that you can do anything about you thinking that they misrepresented the job by not giving you a managerial position – you worked there for a very sort time and it would not be enough to be able to give a detailed example of what your duties and responsibilities were. Also, your duties were not specifically outlined so who is to say that as a manager you had to manage people – they can still call it a manager’s job without you managing people, it could be managing other things in the workplace. I really do not see this allowing you to claim anything further from them and you can only expect the week’s notice a most.

Expert:  Ben Jones replied 21 days ago.

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 21 days ago.
Thank you so much! Understood everything!
Expert:  Ben Jones replied 21 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best