Where are my rights?

napoleon_route

I was made redundant at the back end of last year and because of the particular circumstances I launched a claim for Unfair Dismissal and Race Discrimination against my former employers. My solicitor prepared papers for the Employment Tribunal and these were properly submitted. However, this week we have heard from my former employer's solicitors that they are moving to have my claim dismissed by the ET on the grounds of my residency (I have lived in France for five years). However, my employment was through a UK based employment agency, I had a contract of employment that was bound by UK Law and through-out the time that I worked for them I paid UK PAYE and Class 1 National Insurance. Does anyone know how or where I can continue my claim against my former employers? It does seem that my particular circumstances give me no access to any form of employment protection, surely this cannot be right?

Debt_Free_Chick

napoleon_route wrote: »

However, my employment was through a UK based employment agency, I had a contract of employment that was bound by UK Law and through-out the time that I worked for them I paid UK PAYE and Class 1 National Insurance.

Under that contract, who was your employer? An agency temp employed under a contract for services can not bring a claim in an ET. Is this your situation?

What does your solicitor say?

napoleon_route

Debt_Free_Chick wrote: »

Under that contract, who was your employer? An agency temp employed under a contract for services can not bring a claim in an ET. Is this your situation?

What does your solicitor say?

I am told that the only bar to my bringing a claim before the ET is my residency, i.e. I live in France. I am a British citizen, born in the UK and have paid Class 1 National Insurance and PAYE for all my working life. I worked for a UK employment agency, with a 'permanent' contract of employment based on UK law. I am a seafarer, but it seems that my residency status prevents me from having any employment rights under UK law. Any ideas as to where I can turn next gratefully recieved!

Cheers

jdturk

napoleon_route wrote: »

I am told that the only bar to my bringing a claim before the ET is my residency, i.e. I live in France. I am a British citizen, born in the UK and have paid Class 1 National Insurance and PAYE for all my working life. I worked for a UK employment agency, with a 'permanent' contract of employment based on UK law. I am a seafarer, but it seems that my residency status prevents me from having any employment rights under UK law. Any ideas as to where I can turn next gratefully recieved!

Cheers

Ask your solicitor?

napoleon_route

jdturk wrote: »

Ask your solicitor?

They have advised me to give up my claim. But surely I am entitled to some employment protection, somewhere? That is why I am hoping that someone out there has more knowledge about this than my solicitor!

napoleon_route

napoleon_route wrote: »

They have advised me to give up my claim. But surely I am entitled to some employment protection, somewhere? That is why I am hoping that someone out there has more knowledge about this than my solicitor!

I should add that my solicitor also thinks that I have a very strong case against my former employers (the residency issue not withstanding), which is making the whole thing more frustrating!

Emmzi

I am still not clear on your employment situation.

Did you work on the premises of comopany A and Company A paid your wages and just haopened to be an employment agency?

OR

Did you work on the oremises of Company A and Company B (an employment agency) paid your wages.

Why do you write 'permanent' in quotation marks, it implies a lack of actual permanacy.

getmore4less

Non residant seafarer should you be even paying UK tax?


You might want to browse the docs here to see if there is anything that helps.

http://www.employmenttribunals.gov.uk/RulesLegislation/rulesThatGovern.htm