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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64491
Experience:  Qualified Solicitor
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I have recently started f, I recently left a self employed

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I have recently started f
JA: Where are you? It matters because laws vary by location.
Customer: I recently left a self employed position and started for a company as a site manager paye and after working for 9 days have had my employment terminated sitting the site is getting closed down due to the Corona Virus which I understand, but I have found out that the owner of the company has approached the assistant site manager to keep the site open behind my back he is self employed, I thought that this is not allowed , they also did not issue myself with a contract of employment either and when I have questioned the company I have re
JA: What steps have you taken so far?
Customer: Sorry hit the wrong button,
JA: Anything else you want the Lawyer to know before I connect you?
Customer: When I have questioned the company about Health & Safety issues on site ie Asbestos contaminated ground and if the HSE and Environmental Agency know about it i have been accused of threatening them , they also have wages belonging to myself that should be paid at the end of the month

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What is your specific question in relation to this please?

Customer: replied 3 days ago.
Hi Ben

Hi there. Please provide the information requested

What is your specific question in relation to this?

Customer: replied 3 days ago.
Is it right that they can finish both of us and then take him back on to run a site what they are saying to me is now closed and that is why I was finished.

Thank you. 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.

Ben Jones and 5 other Law Specialists are ready to help you
Customer: replied 3 days ago.
I'm in the Northeast of England (County Durham)

Many thanks for your patience. The main issue for you is that 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.

 

You are still due your wages owed up to dismissal and if needed can make a claim in the Employment Tribunal to recover them, assuming the employer does not pay you