Agency worker employment rights

pineapple

I am an agency worker who has been contracted to the same organisation for the last two years. It's an open ended thing, from week to week (I was only supposed to be there for 3 months). I am now being pressured by the organisation to take on some additional work providing some cover to a project which has tremendous problems (leading to the recent departure of the previous staff member). No additional money, or even support, has been offered for the additional work. In any case, I feel ill at the thought of it. I have refused to take it on and am on the point of resigning - that's if I am not sacked first. Given that this is not a permanent job, would my leaving the current contract prevent me from receiving jobseekers allowance. Or would the circumstances be a mitigating factor? Presumably constructive dismissal can only apply to permanent jobs?
Thanks

bobalob

Hi there,
I can understand your concern. Information about Agency Worker rights is available here: http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027514

The Department for Work and Pensions can stop your Jobseekers Allowance for up to 26 weeks if the cause of your unemployment is resignation. However, you may be entitled to hardship payments - which are a much-reduced benefit.

I would advise really weighing up the consequences of the actions you're taking - maybe going into a Citizens Advice Bureau (www.adviceguide.org.uk) or Law Centre may be a good idea, as employment law is really complex and any slip-ups can affect your rights to recourse.

Whatever happens, you've done the right thing by looking for help. Good luck.

Conor_3

Constructive dismissal doesn't apply to temp workers however the 26 week sanction for quitting your job does.

LittleVoice

Get evidence of the work they want you to do.
Get evidence of the work you are currently doing.
Job descriptions, perhaps?
If the proposed work is worth more, then, IMO, that alone should be justification for not accepting at the same rate as now.

Even if the client organisation advised the agency to withdraw you from their company, the agency would still be the employer who then would not be providing you with work - unless, of course, they found something else for you to do.

Conor_3

LittleVoice wrote: »

Get evidence of the work they want you to do.
Get evidence of the work you are currently doing.
Job descriptions, perhaps?
If the proposed work is worth more, then, IMO, that alone should be justification for not accepting at the same rate as now.

Even if the client organisation advised the agency to withdraw you from their company, the agency would still be the employer who then would not be providing you with work - unless, of course, they found something else for you to do.

All of the above is wrong. All agency contracts between the employee and the agency state that the employee has to carry out all instructions of the client as long as they're legal. If the agency worker wants more money, they negotiate that with the agency.
When the agency worker is removed from the client, the contract with the agency terminates at that point and they are no longer an employee of the agency until they start their next assignment.

cazziebo

Conor wrote: »

All of the above is wrong. All agency contracts between the employee and the agency state that the employee has to carry out all instructions of the client as long as they're legal. If the agency worker wants more money, they negotiate that with the agency.
When the agency worker is removed from the client, the contract with the agency terminates at that point and they are no longer an employee of the agency until they start their next assignment.

Not necessarily - depends on the type of contract the agency worker has. Many of the nationals switched from Contracts for Services to Contracts of Employment round about 2000 - 2003. Manpower, Search and Pertemps all work mainly on Contracts of Employment for many of their longer term jobs.

You are correct about everything else - the contract is with the agency and the agency should negotiate a better rate. I'm sure it's in their own TCBs that the work can't be changed without notifying them anyway.

Speak to the agency anyway. You've earned them a fair bit of commission over two years, and they may be able to find you another contract. You're obviously a good and loyal worker, they'd be mad to let you go.

If they do not have another assignment for you, ask them to give you a letter saying reason for termination was "End of temporary contract". They should be happy to do this (if you don't walk out and p*** off their client) and this will make things easier with the Jobcentre.

LittleVoice

Conor wrote: »

All agency contracts between the employee and the agency state that the employee has to carry out all instructions of the client as long as they're legal.

Well I have certainly refused to do a particular category of job which I didn't want to do and I was prepared to walk away. The client eventually understood that I was not prepared to do what they were asking me to do - and found they had a vacancy doing a type of work which I preferred. (I wasn't refusing to do the job I had been hired to do but did refuse to do another job - which seems to be more akin to the OP's position.)

One of the benefits of temp work is that I could refuse and walk away if I wanted, whereas for a permanent employee it would have been more difficult to refuse to take on tasks for which I was more than qualified to do and which in that case could have been "any other reasonable requests".

Simons-Photography

talk to the agency, they should be informed anyhow and if you being asked to do a different task than the original one it should bring them back into play

CCFC_80

If you do quit your job voluntarily with an agency the D.O.E can take a more lenient view with the 26 week suspension as I have found because working for an agency usually involves just temporary employment and cannot guarantee getting you a permanent role. An agency can terminate your employment as I have found giving no notice.