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  • #1

    Temporary / Contracto Employee rights

    Try to keep this brief!

    Been working same place now for just over 12 months on same contract, although it has been extended (three times now I think IIRC).

    Obviously after the first 12 weeks we gained same rights as Perm staff due to the amendments to (Agency / Contractor) Employment laws.

    Question relates to when contracts are eventually terminated - not clear at present, but opinion is they are likely to carry on into new year and beyond.

    Anyway, Perm staff have a one month notice clause in their contracts - so would this apply to Temp/Agency/Contractor staff - so essentially the amendments would supercede what is in our contracts with the Agency (One Week). I believe this one week applies if the agency wish to terminate rather than their client.

    Also, would the extensions have any bearing? or would this count as a continual contract given we never left/came back. Reason for asking is "current" extension is due to end at end of month, so should we already have recieved notice of being "booted out" (if you like) or been advised that contracts are to be further extended.

    Hope this makes sense.
    Last edited by oscar; 20 November 2013, 17:49.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
    Tags: agency, bill, claim, con, contract, contracts, employee, employers, employment, fine, holiday, job, legislation, october, paid, pay, people, rac, rates, redundancy, regulations, rights, security, staff, unfair, work, workers, working
  • #2
    Re: Temporary / Contracto Employee rights

    Oscar are you working as a temporary agency worker or on a fixed term contract?

    Jane x

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    • #3
      Re: Temporary / Contracto Employee rights

      Difficult to answer directly / correctly. Am working via an agency. Originally, contract was from last December until May. Then got extended untill October, then until end of year - so far (although has been minor hiccup)

      Employee told me Wednesday that the notice period would only apply if I was to be employed as a temp worker via the company rather then an agency, otherwise the agency contract / rights will apply.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: Temporary / Contracto Employee rights

        It will be dependant upon who your contract is with, that's right - if you have a fixed term contract issued directly by the company but you were introduced by an agency its one thing, if you work for the agency but at the company full time its another. One of the easiest measures is to see who pays you? Does the company submit a timesheet and then the agency pay you or does the company pay you direct?

        Jane x

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        • #5
          Re: Temporary / Contracto Employee rights

          I submit (with manager auth for hours) my own timesheets to the agency, I then get paid by the agency the following week.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            Re: Temporary / Contracto Employee rights

            OK, so you are not paid directly; I'm afraid then that the following applies; The regulations do not give qualifying workers a right to claim for unfair dismissal, or to claim redundancy pay. Employers are not required to give minimum notice periods when terminating an agency worker’s contract.

            Sorry its not better news

            Jane x

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            • #7
              Re: Temporary / Contracto Employee rights

              No thats fine Jane, was pretty much as I expected - although I did think we had to be given a weeks notice should our contracts be ended prematurely.

              Was just that when other people started mentioned "facts" I was questioning what I knew. I was aware we had certain rights, but was pretty sure they didnt extend to redundancy or U dismissal.

              I dont particularly enjoy the job massively, but it pays the bill and I am in a position some others are not - in work. Having said that, if I were to be offered a perm contract, I would probably take it based on security of having a job
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #8
                Re: Temporary / Contracto Employee rights

                Agency workers legislation does protect against pay rates and holiday pay so it did do some good; I remember when we had agency workers paid a lot less than permanent members of staff doing the same role.

                You should have a contract with the agency though which would cover a minimum notice period.

                Jane x

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