3 year temp contract comes to an end

joeypesci

I've been temping for a company for just over 3 years now. For just over a year I was in a roll covering for someone on secondment. Now they've had to come back so I've been told I have to leave. Do I have any legal rights having been their 3 years?

People kept telling me in the company they were disgusted I hadn't been made perm and that surely I have a legal right after 3 years.

However, I fear the company have pulled a sly one and wormed their way out of it. I was in one roll for about 2 years move to another roll for about a month, then to another roll for just over a year.

However (I'm being a bit cryptic in case they read this) the 1st and 3rd rolls were essentially the same and looking at my job title, it never changed in the 3 years.

Is it worth looking at any, if there is any, legal issue? Or should I just move on? People say if you take legal action on a company, be sure to win big as you'll find it hard to get a job elsewhere when they find out you sued your previous employer.

kernowayr

I would say if you have been continuously employed for 3 years with the same company without a break you are entitled to (a) statutory notice or payment in lieu thereof which, I believe, would be a month if you are paid monthly and (b) a redundancy payment based on 3 years service based on no our hours worked, your age x the appropriate multiple if older (it goes up in stages after age 41).

Your first port of call for proper advice should be CAB and/or an employment law specialist (who may be able to see you for a fixed initial fee and give preliminary advice as to chances of success in the event of a claim or not). That would certainly be what I'd do in your shoes - good luck !

ableandy

Please give more detail on your temporary status. Were you employed by the company or by an agency - who paid your wages?

What type of contract are you working under: Contract of employment or contract for services?

book12

It would be expensive for a company to pay a temp/agency worker for a few years!

I thought most temp jobs are for a few months only, not years (haven't heard about it before). Most companies usually ask temp workers to be permanent if the contract is temp to perm, or if a temp worker works there for more than 6 months (or more).

Does the contract say after 3 years, you have to leave? Some contracts will state a start and end date for temp work.

I guess when you were there for a while, you could ask something about becoming permanent...

What industry do you work in?

anamenottaken

book12 wrote: »

It would be expensive for a company to pay a temp/agency worker for a few years!

I thought most temp jobs are for a few months only, not years (haven't heard about it before). Most companies usually ask temp workers to be permanent if the contract is temp to perm, or if a temp worker works there for more than 6 months (or more).

I've been working as an agency temp for a public sector organisation for approaching three years. Though there would now be no placement fee due to the agency, reasons for not taking me onto the permanent staff could be the extra costs of pension contributions, potential redundancy pay given the uncertainty in the public sector as elsewhere, and potential sick pay entitlement. I think the actual and potential costs would amount to more than the add-on cost from the agency.

view

I'm sure someone who knows Employment Law will correct me if wrong - however, if you have had continuous service for 2 years and have ever been invited to work company events (away days, xmas parties and the like) ie: treated in that sense as a full employee then you do have some rights ... I only say this as one of the HR managers in my firm advised we weren't able to invite any temps to events per above due to this.. sounds barmy and I don't know the exact wording or rights but it is true. Am referring to Scottish law tho which may be different.

anamenottaken

GoldenJill wrote: »

. . . if you have had continuous service for 2 years and have ever been invited to work company events (away days, xmas parties and the like) ie: treated in that sense as a full employee then you do have some rights ...

If an agency temp - unlikely to count as treating exactly as an employee, though some HR managers can be very cautious. More likely to be the case if the employer had "disciplined" the person directly (eg about things like time-keeping or standard of work) rather than going to to the agency to handle such matters.

view

anamenottaken wrote: »

If an agency temp - unlikely to count as treating exactly as an employee, though some HR managers can be very cautious. More likely to be the case if the employer had "disciplined" the person directly (eg about things like time-keeping or standard of work) rather than going to to the agency to handle such matters.

Actually, it was correct. It had been confirmed by the company lawyers. The HR manager had it confirmed in writing - I jsut can't recall exactly what the email said so I was being cautious in 'quoting fact'. It wasn't anything to do with being disciplined, it was to do with having 2+ years of continual temping with the company plus being treated as a FT empolyee - in that respect - I never said treated exactly like an employee - I said 'in that sense'.

joeypesci

Well don't want to say to much. It's in the public sector. Was originally for 6 months but constantly got extended as I was so good or they were desperate

I was working for an agency and they paid me. The question "What type of contract are you working under: Contract of employment or contract for services?" erm I ain't got a clue.

Regarding being treated like a full time employee. Well I got close to people there so got invited to work dos but never went (Christmas do that wasn't paid for by the company). I was forced to go to the annual staff conference 2 years running which seemed pointless to me. None of the stalls I could relate to as I never knew if they'd decide they didn't need me a week later. And as I said to the trainer on the training stall "Seems pointless me being here. I can't even take advantage of your training because I'm not a perm member of staff".

For the last year I was covering a member of staff who was on secondment and as they came back to their roll I had to leave. So I thought it was all legal and I had no rights. But others were telling me after 3 years there must be some rights I should be able to claim against. I wouldn't bother asking HR as their loyalty is to the company not the temp. And the agency wouldn't back me in a fight as they don't want to lose future contracts (and I also now have an issue with them not paying me some expenses I signed up to and refusing to back date it).

Was in the IT field. For most of the contract I couldn't drive, which was required for a perm job (maybe should of mentioned that). But the place I supported didn't require one. Eventually, near the end, I passed my test as required for my contract to be extended again. Which it was but for only about another 6 months. Then told due to the person on the secondment coming back, I'd need to leave.

pinkshoes

As you were paid by the agency, then I don't think you have any rights as a permanent employee.

A good example of this is the BMW Mini plant in Cowley (Oxford) who let 850 agency staff go, many of whom had been working there for years!

http://www.guardian.co.uk/business/2009/feb/16/bmw-mini-job-cuts

bezzza

Unfortunately, as I have discovered many times over the years as a temp employed by an agency, you have no rights to be made permanent by the company you have been working for, Had the company taken you on as a direct temporary employee after the usual 13 weeks (where the company does not usually have to pay a fee to the agency) then after 2 years you would have been entitled to PILON and maybe redundancy. This is why so many companies use temps from agencies as whilst more expensive than hiring direct employees they can and do let people go with no notice.

So sorry to hear they are letting you go but that's what you expect when working as a temp through an agency - I loved the getting paid weekly, the chance to experience new companies/workplaces and the ability to take time off as and when I needed it but the price you pay for that is no guarantees of work. Foolishly I stopped temping 3 years ago to take a permanent job in construction industry only to be made redundant 53 weeks later with a month PILON and now because of various reasons I am finding it very difficult to register with agencies let alone be offered work - there is so little work available that now they prefer to use their regular temps rather than try out new people. This is the reason I think the agency should find work for you to move onto very quickly as you have been working for them regularly and recently.