Fighting a UK company which is registered abroad.

[inbredyokel]

Hi everybody.

I have a toughie to crack (and it’s a bit long winded).

 

I have been dismissed by my company for repeatedly complaining about their (very questionable and in some cases very illegal) internal policies.

I complained about that too and have been told that as I am in fact a “contractor” and as they are registered off shore (Caribbean) I have no right to do anything.

 

The company is registered offshore for tax purposes, operates worldwide (as did I), but has its operating headquarters in the UK – the CEO, finance, logistics, business development etc. are all based in the UK on a full time basis and all work as employees of the company.

 

I have looked into this with a learned fellow (who for personal reasons can’t help me anymore), and have found that due to many factors I am in fact an employee and I am entitled to complain.

 

However I am unclear on a couple or three things which are:

 

My original “contract” was for a four month period and has never been renewed since 2007 – I have had no contract of any sort since late 2007. Does anyone have any notion as to how this would affect any case against my former employer?

 

The company state that all staff work under a disciplinary code (verbal warning/written warning/dismissal) – this was completely ignored to dismiss me.

 

I am looking into instigating an employment tribunal based on the above (and a whooole lot more), but would very much appreciate any insight?

Edited August 25, 2012 by citizenB
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[becky2585]

Hi everybody.

I have a toughie to crack (and it’s a bit long winded).

I have been dismissed by my company for repeatedly complaining about their (very questionable and in some cases very illegal) internal policies.

I complained about that too and have been told that as I am in fact a “contractor” and as they are registered off shore (Caribbean) I have no right to do anything.

The company is registered offshore for tax purposes, operates worldwide (as did I), but has its operating headquarters in the UK – the CEO, finance, logistics, business development etc. are all based in the UK on a full time basis and all work as employees of the company.

I have looked into this with a learned fellow (who for personal reasons can’t help me anymore), and have found that due to many factors I am in fact an employee and I am entitled to complain.

However I am unclear on a couple or three things which are:

My original “contract” was for a four month period and has never been renewed since 2007 – I have had no contract of any sort since late 2007. Does anyone have any notion as to how this would affect any case against my former employer?

The company state that all staff work under a disciplinary code (verbal warning/written warning/dismissal) – this was completely ignored to dismiss me.

 

I am looking into instigating an employment tribunal based on the above (and a whooole lot more), but would very much appreciate any insight?

 

Hiya

 

If you PM me their name, I'll have a look into it to see if there's a registered uk entity. I probably won't get chance to pop back until tonight (my iPad won't load my PMs for some frustrating reason)!

 

Sounds like you have a good claim. Don't worry about the contract, if anything that will go in your favour. Without a written agreement, they'll find it difficult to argue you're a contractor.

[inbredyokel]

PM sent Becky, many thanks.

[honeybee13]

Hello there.

 

Are you sure the PM went to Becky? Normally, this isn't available until you have 30 posts.

 

You can PM me though, and I'll pass it on.

 

My best, HB

[becky2585]

Hello

 

Well the company details you provided me show that they're a UK limited company with a very good credit rating, so I'm not sure what the problem is in trying to sue them.

 

Did you work in the UK? Were you paid from, and into, a UK bank account? Who does the original contract say you're employed by (and also your pay slips)?

 

They're important determining factors, but if you were genuinely employed by them, there's no subcontracting from the Caribbean company... Responsibility lies with the UK entity.

 

Don't forget you only have three months to issue a claim!

[honeybee13]

Forgive me if I'm confused, guys. Does the OP work in the UK? I'm not sure if that's relevant here, but I would have thought if you work here then your employment is governed by UK rules.

 

HB

[inbredyokel]

Thanks for your help and for taking the time to look at my plight.

My immediate problem is that they are not most honest folk in the world; they have lied on a great many occasions about a multitude of things including (it seems) their status as employers and my status as an employee, presumably in the hope that I'll just go away.

I worked outside of the UK, but attended paid training run by them within the UK.

My pay was from their UK bank account to my UK bank account.

My original contract states that I was contracted by the company for a period of up to four months, but this was ultimately determined by the length of the job. This varied from a few weeks to four months.

 

After this initial job was done I was never given another contract to sign - but I was not allowed to work for anyone else.

I was supplied a uniform, which I had to wear.

I was given tools to carry out my job.

I was given a code of conduct to work under.

I was subject to a standard disciplinary code. (Verbal warning/written warning/possible dismissal)

I do have pay slips, but not to hand right now, I am over at my partner’s place the slips are at mine...I will have them on the morrow.

Again many thanks for you help on this.

[honeybee13]

Thank you for the clarification.

[becky2585]

Do you have any emails or letters regarding your dismissal? Or anything in writing from the UK company?

[becky2585]

The problem is if you worked abroad, you'd have to show very strong links to the UK to use UK employment rights. The reality is, usually if an employee spends all their time abroad, UK law won't apply, even if there is a registered UK company.

 

Things like where your home is, whether you pay UK tax and NI, whether you pay into a UK pension scheme etc are all taken into account. Your initial contract may have a jurisdictional clause in it (although I must admit this is doubtful) which states disputes must be settled in XXX country. Incidentally, the fixed term employees regs perhaps offer wider interpretation for international jurisdiction, as the territorial scope isn't clear, but it appears you're starting on the back foot here, unfortunately.

[inbredyokel]

Sorry been away doing the chores of domestic bliss.

I am domiciled in the UK, though I do spend at least six months abroad when working.

I am responsible for NI and tax.

There is no pension scheme.

There is no jurisdictional clause within my contract, the company address is stated as the UK.