Caused Harm And Loss

[PeelerPal]

To make a long story short, I was self employed, I decided to fold my business and seek full time employment, I found a fulltime position with a new company through an agency, I 2 other jobs to to work for the company at their request, the changed my start date with insufficient notice, which caused me loss of over £1200.00
I then worked for the company for 7 days and got on very well with my colleagues and managers alike except one who never liked me from day one and a lady in HR who also didnt l I told the agency tha placed me I would accept the job if the vehicle that I was to be provided would be available to me on the first day as I will not have transport.
The hiclas not there for me on the first day althouthe company had an extra 7 days to get me one and it was not a demand it was part of the job offered.

anyway, after 7 days, I was dismissed because I was told I had a bad attitude but this is completely false as I made many new friends within the first week and my skills and attitude impressed other managers within the business who are happy to give me a refrence.

My question, because I was placed by an agency, the company say it is tou and thay cn dsmiss me for any reason. However I have been caused a huge loss as I turned down 2 other positions (which I can also confirm) and lost £1200 during the week that they decided to hold back at the beginning.

Can I claim for criminal loss or harm?
I would really appreciate your answers, thank you all so much

[cassa333]

No

[PeelerPal]

Why not? or are you just saying no because that is the only answer you can come up with?

[fiction-factory]

Because you can be dismissed for almost any reason (barring things like race) within the first two years

[PeelerPal]

But if I am holding someone personally liable for personal loss, why can't I claim under common law for loss? If I agree to a term or a condition under contract and I break that contract, I sureley am personally liable?? no??

[PeelerPal]

FictionFactory: I know you are wrong with that answer also because an employer cannot dismiss anyone if a contract has been in place after only one year. I think you are looking at Unfair Dismissal, not Wrongful Dismissal or Breach of Contract. Also I am not looking to persue a claim under contract law, I am looking to make a claim under common law loss

[fiction-factory]

Your question referred to criminal loss. I can see no crime.
Under civil law I don't see any case either but maybe you could check with CAB. Barmaid may see this this but I'm pretty sure there is no compensation you can get apart from any missing payment for any contractual notice period

[fiction-factory]

Sorry but I'll not interfere any more because I admit I don't understand a lot of what you are trying to say

[PeelerPal]

Basically, I took fulltime, temp to perm position through an agency, I followed all procedure, did nothing wrong, lost a weeks work due to the company changing my start date and turned down 2 other positions with other companies at the request of the company and was then dismissed without probable cause, I am now in a situation where I have no work, and have suffered huge financial loss for no reason., I could lose my home and I have no finincil back up. Surely there must be something I can do?

[PeelerPal]

Can anyone help?

[fiction-factory]

Thanks for clarifying your query.
I stand by what I said earlier. An employer can dismiss a new employee for almost any reason. There is no criminal loss to claim for nor any breach of contract you can claim to recoup your claimed huge losses.

[New Judge]

Whether or not you have a case in the civil courts for wrongful dismissal is debateable. As f-f has said, Barmaid may be able to help on that point as that is her area of expertise.

However, I have a little knowledge of criminal law (and indeed you have posted this question under the "Criminal" sub-category). You asked if you have a claim for "criminal loss or harm". There is no such thing as criminal loss or criminal harm. You can be awarded compensation if you are the victim of a criminal offence but what you have suffered is not a matter that would come before a criminal court as no criminal offence has been committed.

[Peter Pedant]

// Because you can be dismissed for almost any reason (barring things like race) within the first two years//

the exceptions are those which are statutorily automatically unfair - race, pregnancy, doing union work spring to mind.[ https://www.gov.uk/dismiss-staff/unfair-dismissals ]

however did they pay you the notice period - or is there something in the contract that says they dont need to ?

also - who is the employer ? the company or the agency ?

and finally there is no claim for the manner in which you have been dismissed but only for the dismissal itself .

I agree that your only action would be wrongful dismissal for breach of contract, and for that you need to read the contract - remember we dont know what the main clauses are


... I think you have most of the answers to be honest
it is just answers you dont like much ....

[cassa333]

You have not suffered a cminal loss so the short and succinct answer is No.

You might well be aggrieved, you might think you got on with a few poeple but at the end of the day you didn't get on with the people that mattered most.

Put it down to experience and move on.

[Apollo26]

It was a temp to perm position which is usually fixed term temporary for a set period, maybe a month or three months. It sounds as if you were still in the temporary period and, therefore, could be dismissed at any time

[Peter Pedant]

In the absence of Barmaid who Knows Everything
I will take a stab at it

Your claim with the contract is based on breach of the implied clause of mutual trust and confidence.

There are cases that define what damages can be claimed for
and whether or not there is a remaining right to sue under breach of contract at common law

the leading case is Eastwood v magnox which is here
http://www.publications.parliament.uk/pa/ld200304/ldjudgmt/jd040715/east-1.htm

and Johnson v Unisys which is here
http://www.publications.parliament.uk/pa/ld200001/ldjudgmt/jd010322/johnso-1.htm

having read those two - I just dont think you've got a case....

It is possible from what you say - that you were employed by the agency and fired by the third party ( end user ) There are a series of end user cases where they seek to be taken as employees.... I dont think you score there as well....

[fiction-factory]

Certainly I don't think there is any case for recovering the " huge loss" you incurred from turning down 2 other positions. this is the risk anyone takes when choosing one job above another. I don't understand all the bit about the provision of a car so can't comment on that but the only other possible area to explore is whether they failed to pay the agreed notice period.
Regarding the agency, were they just a recruitment agency or were you employed by them and can they not find another placement for you?

[EDDIE51]

I agree with all above, in the 1st 2 years you can be dismissed without even being given a reason. I was dismissed from one job because the bosses brother wanted my job. Also agency placed staff are considered as 'on trial' for a set time and during the trial period can be dismissed without notice or reason.
Sorry you don't have a leg to stand on legally.