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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49804
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben, following up to last weeks question, I have told my

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Hi Ben, following up to last weeks question, I have told my employer that I am not happy about relinquishing my rights as a permanent employee to switch to a contract role and they have responded that they will not adjust the terms of the contract to accommodate my employee rights. They are instead suggesting that I return to the UK if I want to remain on teh UK payroll (i.e. remain a permanent employee). However its been over a year since I formally agreed with them that I would be based here and I have been here for several years before that, so I think they cannot simply demand that I return to the UK or effectively fire me or make me redundant if I dont. But I would like your view on that. I have attached the correspondence so you can review.

Hi there, whilst you cannot force them to change the terms of the new contract it does mean that if you refuse to abide by their request the only way for them to change your status is by dismissing you. If they do so then you could consider making an unfair dismissal claim in the employment tribunal for compensation of loss of earnings and potentially redundancy pay if they have not paid you any.

You could use the threat of this as a negotiating tool to try an reach an agreement but if that is not possible then the above may be the only way this matters gets ‘resolved’ so to speak.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Hi Ben,Many thanks for your swift response. Based on the correspondence so far, do you think if they dismissed me on the grounds that I am refusing to return to the UK, that it would actually be considered unfair?RegardsPaul

Hello it would depend on what they used as a reason to dismiss. The refusal to return itself will unlikely be fair. If they had legal grounds to request your return such as not legally being able to employ someone based abroad then it can be justified but as mentioned they are not legally prevented from doing this so it would appear to be a personal preference more than anything

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