Where Do I Stand?

[MadderThanMax]

Company: Jersey Based HQ

Timespan: November 2014 - March 2015

Position: Technical Business Development Manager

Tools Supplied: LapTop & Sample

After a tough 2013/14 I eventually accepted the above position in the market after being second choice. Things were going well (Emails to verify) and then in January 2015 my salary did not get paid into my account. After two smooth transactions previously, I queried this only to be lied to that "It was my bank that was the problem and their security wouldn't allow payment, and that they were changing accounts to accomodate.." I checked with my UK bank who operate a 10 day radar in advance, of payments due into my account, and no funds were visible. I eventually got paid although they still made out that my bank was at fault and that I should change my account. This soured my relationship with them..

Fast forward to March. I recieve a call from my Manager to say that I'm being dismissed on the ground "that it wasn't working out" and we should part amicably - No Issues there. I have to emphasize that I am aware that I'm under 24 months employment law and as such have no rights.

I recieve my termination letter and I agree to the termination - with exception of the last paragraph, whereby they state that they have carried out an investigation on my CV and have found some discrepancies that amount to "Gross Misconduct" (There are none, my CV is accurate, and references confirm.) and as a result I will not be paid any Payment in Lieu of Notice ( Some £3500 + Car Allowance)

I contacted my immediate superior with regard to the DPA 1998 and requested further proof that they alledgedly have "in writing". His response is that they need permission to release this information from the previous company(s) and is awaiting this, no further response.

I contacted the ICO (Information Commisioners Office) to intervene - No Response. They in turn referred me to Jersey ICO - still no response.

I still have the supplied laptop & sample and would gladly return it - only when the above data is released, and not before, as they appear to have forgotten what they have said/done. Instead I find them requesting that I send the laptop & sample back to them as they need them. (?)

As such, I am out: 1 month in lieu of notice, the letter was done in such a way that I cannot sign on for any benefits at all!

Where do I stand as to with holding the laptop etc (A paltry £200 quid laptop!)

I 'd like my month in lieu + car allowance as they've discredited me without proof,(to avoid paying out - cashflow problems) affecting my future chances of employment.

Can you help?

[nemesis45]

Re: Where Do I Stand?

Hi Welcome to LB,

It is unwise to withhold the companies property what ever the dispute or the value of the equipment.

I suggest a Subject Access Request to the employer to request all the personal data it holds on you, including the " references" and CV matters.

There is a £10.00 statutory fee to pay, the employer has 40 days in which to comply, address the request to The Company Secretary marked private an confidential, by signed for post, so you can check the date delivered.

Another approach is to issue a Letter Before Action giving the company a fixed period of time to respond and remedy your complaint,
and if the employer fails to respond then you issue a court claim, but you must be prepared to follow this through,

nem

[stevemLS]

Re: Where Do I Stand?

I agree with nem on the approach.

It will be dealt with under Jersey Law, though, so I don't think you can issue in the English courts?

I believe Jersey Law is comparable, but different.

Are you still in Jersey?

[MadderThanMax]

Re: Where Do I Stand?

No, my company was in Jersey, I worked from home - Scotland.

Thanks Guys! :thumb:

[teaboy2]

Re: Where Do I Stand?

Does it say anywhere in your contract as to which law or courts the contract falls under the jurisdiction off? Usually the last term! Or can you post up a copy of your contract minus yours and the companies details?

[Rights Seeker]

Re: Where Do I Stand?

It would definitely be relevant to know whether UK or Jersey employment law applies as there are differences in Employment Law between the two jurisdictions, although it should be emphasised that those gaps are steadily narrowing because the current Jersey Minister with oversight for Employment Law is a dedicated Thatcherite, so workers' rights have begun to be eroded in the last year and the trend will continue.

Until the beginning of 2015, the qualifying period that had to be worked before a Jersey employee could claim unfair dismissal was 6 months compared to 2 years in the UK. However, the Jersey Minister unilaterally doubled that period without prior notice using Ministerial Order powers and timed her decision to coincide with the start of the Jersey legislature's Christmas recess, so that elected politicians could take no action until after their holiday, by which time the change in law had already taken effect.

It should be pointed out, however, that the longer 12 month qualifying period for unfair dismissal in Jersey only applies to new jobs that start on or after 1st January 2015, so if someone started their employment in Jersey before 1st January 2015 and was dismissed after that date, they could still lodge an unfair dismissal claim provided they had been employed for 26 weeks or more when they were dismissed. I think the deadline for lodging such a claim is probably 8 weeks. However, it looks like MadderthanMax may not have completed a full 26 weeks service when he lost his job. He could still try contacting the JACS in Jersey for advice nevertheless. Their website is here:

http://www.jacs.org.je/