have I been unfairly dismissed been at the same company for 2 and a half years under various lengths of contract the last being 3 months then I was told by the md to go and see him and then he said my contract was terminated and I would be paid till the end of my contract which had 4 weeks to run and in this time I had 5 days holiday booked so this gives me 3 weeks notice they have no evidence of poor workmanship so my question is this unfair dismissal
have I been unfairly dismissed
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Tags: acas, agreement, conditions, contract, contracts, dismissal, employment, holiday, law, regulations, temp, unfair dismissal, worked
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Re: have I been unfairly dismissed
If you have been engaged on a contract basis by the organisation engaging your services there are a number of conditions to consider. As the engagements were short term there initially appears to be no guarantee of continuous employment. At first glance it appears the company declined to extend you contract beyond the agreed end date.
However there may be questions to ask regarding this depending on the terms you were paid under. Were you supplying services under a Ltd. company or was the company paying you directly on a PAYE basis? There has been questions raised over the last few years about the (taxable nature) of Contract service provision v's disguised employment. (IR35 tax regulations) and also the employment status and corporate responsibilities to temporary workers.
I think you need to post more details of your specific situation before any sort of advice can be offered.
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Re: have I been unfairly dismissed
I would suggest like BB read the contract, most annual contracts are iisued under a 12 month agreement (i.e temp work), however if you haved worked for a company for several years (or even 12 months prior) and are over the age of 65, most companies offer a revolving 12 month contract, in order to get rid of you on a contract like this, the contract will state no reason may be given, but if this is the case then as per contract law a minimum of 6 months notice has to be given. read your contract carefully, any questions contact ACAS.gov.uk
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