Any agency worker experts out there?

[swpswp]

At 4pm today I got told not to turn up for work on Monday. I have been working for Manchester PCT (NHS) for 2 1/2 years via an agency and without any warning,notice or definite reason thay have finished me. I have been told by several people that after 2 years they are obliged to offer me a permanent position. Anyone know of any course of action available to me? I am in a Union and will contact them on Monday. Thanks in advance.

 

[Lark Lane Blue]

I'd make an appointment with the CAB if I were you.

 

[whosonthebench]

I don't know about the offered perm position stuff as I've not been in a job long enough to be given the chance but, unfortunately agencies can do this sort of thing to their workers.

That's why they are cunts.

 

[shadygiz]

grab a copy of the agency bill guidance here mate >>>>> <a class="postlink" href="http://www.bis.gov.uk/assets/biscore/employment-matters/docs/a/11-949-agency-workers-regulations-guidance.pdf" onclick="window.open(this.href);return false;">http://www.bis.gov.uk/assets/biscore/em ... idance.pdf</a>


cant help you with this im afraid, but something about a 12 week qualifying period comes to mind.

after 12 weeks (starting from 1st october 2011), you will be entitled to the same entitlements as a full time member of staff with regards overtime, holidays, etc.


i did spot something here that may be of interest to you >>>>

Ending a pay between assignments contract
If the TWA (agency) wants to terminate the contract it must first satisfy the requirement for the TWA to give 4 weeks pay to the agency worker. The 4 weeks pay must be paid before the TWA can terminate the contract. The contract can end earlier other than by termination by the TWA eg if the agency worker resigns (4).

If the obligation to pay 4 weeks pay has been met during the duration of the contract then it does not have to be paid again at the end of the contract – for example, a contract has been running for a year, during the year the agency worker has been paid between assignments for at least 4 weeks, at the end of
the contract no further payment under these regulations is required. Other contractual obligations e.g. notice pay, may apply which are outside of these Regulations.

(4) If agency worker resigns no payment is required as agency worker rather than TWA has terminated contract

the above would only apply if you were say employed for 2 years, but did several different roles at the same place in the two years and between switching roles you were still paid

 

[swpswp]

I don't know about the offered perm position stuff as I've not been in a job long enough to be given the chance but, unfortunately agencies can do this sort of thing to their workers.

That's why they are cunts.

It's not the agency that has finished me. One of the Mcr PCT managers called my line manager before, didn't have the decency to speak to me directly. The agency have been on tha ball and have got me two weeks graft while they try for something more permanent. As my career as a pro gambler never took off i'll have to find something more mundane.

 

[J4FOW]

If you are a contractor working via an agency but using your own limited company or some other limited company vehicle for payment - for example an umbrella company - the contract termination process is determined by your contract. If this is the case, check your contract and establish if they are in breach. If they are, you are entitled to pay in lieu of whatever notice your contract states.

If you are paye via the agent, you have rights consistent with an employee, assuming from your post that you have been engaged continuously and in the same role for more than 13 weeks. Less than a year and you get a reason and pay in lieu of notice. More than a year and you have more right to consultation before exit. You can still be exited but almost certainly not immediately and without reason.

Your issue is with the agency - it would be rare for you to have any direct relationship contractually with the end recipient of the service - and from what you describe they may well have fulfilled their obligations by finding you other work; your contract is with them, I am assuming.

Ultimately there are too many unknowns to give a view you can hang your hat on, so my advice is to check your contract thoroughly. You may have a claim on the event the interim work turns into nothing and that notwithstanding you might have one now.

All the above assumes you've not punched someone at work, stolen stuff or turned up pissed!