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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73939
Experience:  Qualified Solicitor
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Employee is claiming unfair dimissal, with ACAS and a

Customer Question

employee is claiming unfair dimissal
JA: Was the forced resignation discussed with a manager or HR? Or with a lawyer?
Customer: with ACAS and a lawyer
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: all except unions
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: she was pregnant but still in probation, she was employed before this in Madagascar for 4 years, she risigned there and we tried her for a position in the Uk but it did not work out now she is claiming she was employed for the full 4 + years and should have treated differently
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

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.

Expert:  Ben Jones replied 16 days ago.

Did she receive a new contract?

Customer: replied 16 days ago.
she did yes
Customer: replied 16 days ago.
I am ok with the amount however I liked you to speak to my in house lawyer please
Expert:  Ben Jones replied 16 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; 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.

Customer: replied 16 days ago.
would that be possible as I am just the owner
Expert:  Ben Jones replied 16 days ago.

The pop-up offering you the chance to request a phone call is automatically generated by the site and you have already paid for a written response so that is the part I will continue helping you with. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 16 days ago.

Can I please check whether there was a gap between the time she resigned and her original employment terminated and when she started the new job? If so, how long was it?

Customer: replied 16 days ago.
there was no gap from when she did her last day of her notice period and starting her new position in the UK she worked for a company in Madagascar owned by me and the UK is owned by me and another party at 50% each. she used the weekend in between to travel to the UK
Expert:  Ben Jones replied 16 days ago.

Thank you. There are a couple of legal provisions which may work against you here unfortunately. One is that there should have been a break of at least one week between the two jobs for the severance of continuity to have been broken. So if there was no gap or it was less than a week, then continuity of employment would have been preserved.

The other issue is that whilst you may wish to try and argue that these were separate companies, the continuity of service applies to associated employers too, so even if they are two companies but they are controlled by the same person, they are associated employers and continuity can apply across them both.

If you can show that the company in Madagascar was one where the employee was not employed under UK law, i.e. the contract she worked under was not a UK one but a local one, you could argue that the UK Employment Tribunal will have no jurisdiction to consider the time in that and therefore only the latest job in the UK should be considered.

These are the primary factors that will be relevant here but in the end it is a rather technical legal matter which the Employment Tribunal will have to consider in more detail to make a decision

Expert:  Ben Jones replied 16 days ago.

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.