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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50158
Experience:  Qualified Solicitor
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Please can you advise me I have been working on a caravan

Customer Question

hello please can you advise me I have been working on a caravan camp site for the last 8 months I started in March 2016 on the understanding that I was to be paid a salary which would continue through the winter off season months I have worked some weeks a 70 hour week 7 days a week . Now the site is reducing numbers I have been offered a three day a week working as a receptionist which includes weekends. As I have been working all summer at weekends I turned down the position so today I have received a email ceasing my employment and no payment through the winter months
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 1 year ago.

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

Expert:  Ben Jones replied 1 year ago.

Were you given any notice period on termination?

Expert:  Ben Jones replied 1 year ago.

Hello, not sure if you saw my initial query above - Were you given any notice period on termination?

Customer: replied 1 year ago.
Hello .
No I was told the shop would be shutting but they offered me a reception duty Wednesday Saturday Sunday of which this position was not vacant. I had no experience in this region, along with the fact this position was currently filled by a lady who had been there all season and had been told her position was not seasonal they wanted her all year round. I may add this came as a complete surprise to myself and the current person working in reception. I had already worked most times 7 days a week 10 hours daily but paid for 40 hours with the balance of wage to be continued through the winter monthsso my hours had accumulated for my winter pay surely. During this busy summer time I had not had any time off and at no time had I signed a written document to say I was willing to work over 48hours. The only time I off I had to pay the cover myself.
Expert:  Ben Jones replied 1 year ago.

Thank you. A lot will depend on what conditions you were employed under. Ideally there should be some written contract in place or at least something written to evidence what you were promised and employed under. If you were employed under a fixed term contract, that is a contract which was for a set period of time with a defined end date, the employer would be expected to continue employing you until the end of that term. If they terminated your employment early without the contractual right to do so then you can consider pursuing them for compensation for the remainder of the fixed term.

However, if you were not employed on a fixed term contract and just on a normal indefinite contract, your employer could potentially terminate you at any time. The main issue for you would be that if you have been continuously employed at your 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 their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss ho to pursue them for any notice period due. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.