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Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74453
Experience:  Qualified Solicitor
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I have a issue with my employment contract, where i have

Customer Question

Hi Pearl,
JA: Where is this? It matters because laws vary by location.
Customer: I have a issue with my employment contract, where i have been mistreated and i think they have breach the contact. I also feel that they have done age discrimination and race
JA: Have you discussed the employment contract issue with a manager or HR? Or with a lawyer?
Customer: I have had a conversation with HR about the change they wanted to make. But in my contract it stated that any change of employement contract need to be in written to me 30 days before it take place. The change have taking more than a month.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am on a contract with the company
JA: Anything else you want the Lawyer to know before I connect you?
Customer: but the area is about probation
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

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.

Customer: replied 1 year ago.
Hi Ben, sounds good
Expert:  Ben Jones replied 1 year ago.

How long have you worked there for? and if possible, please upload a copy of your contract on here

Customer: replied 1 year ago.
When are you avalible for a
phone call
Customer: replied 1 year ago.
I have been working there for 6 month now. three
of them was throw a agency and the last three was on a contract
Customer: replied 1 year ago.
But i will like if it possible to have a phone conversation.
Expert:  Ben Jones replied 1 year ago.

Just a quick clarification on phone calls – the pop-up offering you the chance to request one is automatic and I have no control over it. Therefore, if you request a call back there is no guarantee that I, or anyone else, would be available to fulfill it. At present, due to outside commitments, I cannot take calls but your request is open and visible to all other experts. If someone is available, they will accept it and call you, but if no one is free, then it will remain open until it is accepted or you decide to cancel it. In the meantime, you have already paid for a written response and that is the part I will continue helping you with.

Expert:  Ben Jones replied 1 year ago.

Can you upload a copy of the contract in the meantime?

Customer: replied 1 year ago.
Can i sent it to your email Sir. I have a issue uploading on this platform.
Customer: replied 1 year ago.
File attached (GZ13SV2)
Expert:  Ben Jones replied 1 year ago.

There are a few ways to send a photo or file. Please click the upload icon on the reply box in your question.
- A pop-up window will open. Locate the file on your device, click it once, then click Open.
- A link representing your photo or file should now appear below the reply box on your question page. Insert text in the reply box and click the Send button to send your photo or file to me
- To send a photo or file, it must be 5MB or less. If your photo or file is larger than 5MB, please resize it or send it to customer support at***@******.*** (please note this is a central inbox and often it may take at least a couple of days to reach me)

Alternatively, please use a third party file sharing service, such as Dropbox, MediaFire, Google Drive, etc. and share the document links on here

Expert:  Ben Jones replied 1 year ago.

Aha, our responses seem to have crossed. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Expert:  Ben Jones replied 1 year ago.

Ok and why do you think there is a discrimination issue as well?

Customer: replied 1 year ago.
Hi Ben, The reason why i feel discrimination is not based on the contract, it based on the treatment. I worked for the company as a contractor for three month, then they offered me a perminent contract. I already at that time had a issue with the probation, because it diden't make since. Then i had a verbal agreement with my manager, that the probation only was about time keeping and if i after month improved on that, he will pass me. Then of course the COVID 19 happen and time went bye and it was time to have the probation meeting. My manager sent me a email with a document i need to sent back with probation related questions. He booked a probation meeting in the 11/05/2020 and we had the meeting for around 45 min. My manager stated to my that i have passed the probation and he will sent the paper to HR after the meeting and i will recive a email lastest tomorrow morning, that i have passed my probation. five days later i have a meeting with my Manager and then he stated to my that i maybe not have passed my probation and they are thinking about a extention of it. He first came back to me with a decision two days ago.
Customer: replied 1 year ago.
If i read act 33, that's a break of a contract
Customer: replied 1 year ago.
I diden't recive any information in written within a month, of change in my contract.
Expert:  Ben Jones replied 1 year ago.

Ok thanks but I am trying to link the treatment to any discrimination – how is it due to discrimination, what is the evidence that it is linked to discrimination rather than just personal dislike for example?

Customer: replied 1 year ago.
I believe it based on race discrimination and age discrimination
Customer: replied 1 year ago.
My discrimination based on age - I have not been taking serious when i have raised any concerns. I have also been manipulated with and advice unfaithful. I also believe the way my manager communcate to me is differently. My then point against race as well, because i have a collgaue in the same age of me, but with a different skin color. He has been treated differently and also taking more serious when he has raised issues.
Customer: replied 1 year ago.
But is there a breach of contract
Expert:  Ben Jones replied 1 year ago.

Where in the contract does it state the 30 days notice for changes?

Customer: replied 1 year ago.
number 33
Customer: replied 1 year ago.
or have i misunderstood it. - It stated that with any change of the contract it need to be writtin within a month time.
Expert:  Ben Jones replied 1 year ago.

Great, thanks. Yes it does state that changes need to be made with a month’s notice. However, even if that is a breach of contract, you can only challenge them for losses incurred as a result of that breach. So if they have changed your pay and no notice as per contract was given, you can pursue them for the difference in pay for the month’s notice they should have given you. If no losses were incurred from this breach, you cannot realistically make a claim for it and all you would be limited to is an internal complaint, such as through a grievance.

Does this answer your query?

Expert:  Ben Jones replied 1 year ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you