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Fixed term contract ended due to covid postitive result

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  • Fixed term contract ended due to covid postitive result

    I'm sorry but this may be a long post but I really need some advice :
    My son has been working on a fixed term, claims based contract which usually finishes at the the beginning of January and then employees are asked back.. Unfortunately I was sent home from work to self isolate due to being in contact with a positive contact .I then started to feel unwell and sent for a test which unfortunately came back positive so my son had to also isolate.
    During this time he had kept his employers informed that he was having to self isolate and that I had received a positive and he had ordered a test and was being tested. (which actually came back positive) This is where it starts to go wrong ,although he had contacted work and gave the names of the colleagues who he had been in contact he sent an email (or so he thought) informing them that he was postitive .It was not until he returned to work that he realised that the email was sitting in drafts. The app said that he had to isolate until 28th (he went to work on 28th) which he showed them when he got to work, however it does say that you have to isolate 10 days from the test or from when you start displaying symptoms so he had been isolating for 14/15 days.
    He was sent home as no one was aware of his test result and was told that the manager would contact him to arrange to speak to him but she was currently on holiday. He sent an email explaining all the time lines .He did not hear anything back until last week asking him what shifts he would be available for in the new year, all good we thought but then he received a letter yesterday stating that
    "After a thorough investigation relating to your conduct upon receiving a positive COVID-19 test result, the decision has been made not to offer you further employment " He replied saying that he did not know that there had been an investigation and requested the copies of the investigation. The reply was as you are not currently in the employ of ---------------there is no legal requirement for me to provide evidence for this. However in light of your request for information, the following informed the final decision:


    The absence of communication with a manager upon confirmation of a positive COVID-19 result
    • The absence of communication with a manager to arrange your return to work following a positive COVID-19 test result
    • The high level of risk to people and business associated with the two points above
    • The approach to communication with colleagues and management upon your return to work

    We have a duty of care to protect our employees and members of the public, and as we continue operating within this pandemic we must be able to fully trust our team to follow correct procedures at all times.



    Can anyone help please on where to go from here.

    Thank you
    Tags: None

  • #2
    Can you please confirm the details of your son's fixed term contract. When did it start and end and is this the first contract of this nature he has had with the company or has he had a series of fixed term contracts, if so what date did his first contract start.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    Comment


    • #3
      He works in hospitality and his place of work closes in January every year. He started in June 2018 contracted until January 3rd 2019 . Invited back for the next season January 2019- January 2020 invited back for the season January 2020- 3rd January 2021 . Got COVID in December and now not been invited back.

      Comment


      • #4
        Depending on the time inbetween the end and start of each contract and the terms of the contract (which without seeing it I cannot determine) there is the possibility your son has 2 years service. In which case if this can be established then your son should have been dismissed fairly for one of the following reasons:

        * capability
        * conduct
        * redundancy
        * contravention of a statutory obligation
        * some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which that employee held (SOSR).

        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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