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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 72506
Experience:  Qualified Solicitor
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I have been working as a teacher for a company for over a

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Good morning. I have been working as a teacher for a company for over a year now. Since the lockdown was put in place, I have been forced to work for them for a different company they own on a threat that they would close down if I didn't. Since then they have been making me work crazy hours without any regards ***** ***** schedule. They also have been paying me £5 an hour to teach online for them. I would like to know if there's I am entitled of in regards ***** ***** as I was originally hired on £15 an hour. Moreover, I have been working for a year on those conditions and last Friday I resigned as I could not longer manage. They have contacted me today asking me to work my 1 week notice. I would like to know how to proceed.
JA: Have you discussed this scheduling issue with a manager or HR? Or with a lawyer?
Customer: If possible, I would like to talk to a lawyer
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 full-time permanent contract.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That's it.

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.

What are you ideally hoping to achieve in the circumstances, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 7 days ago.
I am seeking to understand my legal rights.
Customer: replied 7 days ago.
I am still for a call.

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 not been there for more than 2 years, it means that you will not be able to take this further to challenge the fact you were forced to leave. This would have been pursuable through a constructive dismissal claim, but you need to have been employed for more than 2 years to qualify. You can, however still use this as grounds to leave with immediate effect and not have to work your notice period with them. In other word, constructive dismissal can still be used as a reason to leave with immediate effect, even if you cannot actually then make a claim for it.

When it comes to the extra work you were asked to do, you can argue that this should still be payable at your contractual rate, unless there was anything in your contract which states otherwise. If they refuse to compensate you, then you can consider taking this further by seeking a breach of contract claim for the money owed.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

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.