contract work and pregnant

iamana1ias

duchy wrote: »

I'd read through your contract very carefully -there's probably a clause that says something to the effect that the client can terminate your contract at any time and for any reason -or even not give a reason. It'd be down to you to prove the reason was pregnancy-which is difficult. Also don't forget your employer is not the client but the agency.

I'd keep quiet until it is at least renewed this time.

I read it that she did some work via the agency, and the rest on a direct contract.

iamana1ias

!!!!!! wrote: »

And that's why the majority of companies prefer to get their contract staff through an agency. The agency then employ you and not the company. Even better for them if they insist that you work through an umbrella co. or Ltd Co. Removes the agency as well if they write their contract correctly.

Not true. It will still give continuous service that makes the employer responsible for the employee.

SarEl

iamana1ias wrote: »

How long were you there continously through the agency?

If it comes to more than 12 months in total (including your 9 months on contract) then you have more rights than if it's less than 12 months.

Sorry. I didn't see this post previously. This is not true. You cannot include the time that you were with the agency - because you were with the agency and not the "employer". Your continuous service starts when you were first directly employed by the company, and continues for as long as there are no breaks between contracts

SarEl

iamana1ias wrote: »

Not true. It will still give continuous service that makes the employer responsible for the employee.

If I am reading what you are saying here correctly - that working in a workplace, as opposed to for an employer, gives continuous service, you are incorrect. The time employed by the agency was employment with the agency. The time directly with the employer is employment with the employer. You cannot combine the two for continuous service.

kasia1980

that's right 11 months through the agency and now over 9 months for them on the 3 months roll over contract

SarEl

kasia1980 wrote: »

that's right 11 months through the agency and now over 9 months for them on the 3 months roll over contract

For the purpose of calculating continuous service you therefore have over 9 months (disregard the 11 months - it doesn't count).

System

iamana1ias wrote: »

Not true. It will still give continuous service that makes the employer responsible for the employee.

Either the agency is your employer or the umbrella/ltd co is your employer. The company that you are doing the work for is NOT your employer. They have a contract with the agency to supply a person with stipulated abilities/qualifications. The agency are quite within their rights, normally, to substitute workers.

Statutory_Instrument_2002_No._2034 wrote:

Agency workers
19. - (1) These Regulations shall not have effect in relation to employment under a fixed-term contract where the employee is an agency worker.

(2) In this regulation "agency worker" means any person who is supplied by an employment business to do work for another person under a contract or other arrangements made between the employment business and the other person.

(3) In this regulation "employment business" means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity.

kasia1980

!!!!!! wrote: »

Either the agency is your employer or the umbrella/ltd co is your employer. The company that you are doing the work for is NOT your employer. They have a contract with the agency to supply a person with stipulated abilities/qualifications. The agency are quite within their rights, normally, to substitute workers.

I'm not with the agency any more since September 2009

System

I realise that but I was replying to iamana1ias assertion that agency/umbrella/ltd co employment could still be counted as working directly for the employer

mariefab

Out of interest,

What were the circumstances of your change from an agency worker to a 3 month renewable fixed term employee?
Did your current employer stop using agency workers?
Are there any permanent employees of the Company doing the same sort of work as you?