Was I paid correctly, two times when I got sacked

alecea59

Greetings,

I have an inquiry regarding two experiences of getting sacked without any notice or good reasons given in the past. Honestly they have been very unpleasant, but since I have been wondering about a few things for a long time, I still wish to ask here if any of you could kindly help me:

1. With agency A for company X from 08/2008-12/2008:

I signed a contract with agency A, through which I got hourly pay for my work at company X.

Originally the contract was for 6 months, ie 08/2008 - 02/2009. I worked very hard and overtime almost everyday (my boss in company X asked me to), but the overtime pay was still the same as ordinary pay.

However, just on the friday evening before Chrismas holiday, I got a call from my consultant in agency A on my way back home that I got sacked.

When asked about the reasons, the consultant said my boss told her no one in my team liked me (which is untrue really)! And this was the only explanation!

Obviously, I made no mistakes at work or went agaist my contract or worked badly with my colleagues, and there was no notice in advance, but they gave me such a Christmas gift!

So I lost this job all of a sudden --- the agency paid me till the last day I worked, no more money, no compensation.



2. With agency B for company Y in 09/2009:

I signed a contract with agency B, through which I got daily pay.

Originally the contract was for 3 months, ie 09/2009 - 12/2009. But quite similar to the first case, I got a call from my consultant in agency B on my way back home on the first friday evening, that I got sacked.

When asked about the reasons, the consultant said the project I worked on decided to cut 1/3 of the workload, so 1/3 the people originally employed were sacked.

Again, I made no mistakes at work or went agaist my contract or worked badly with my colleagues, and there was no notice in advance!

So I lost this job all of a sudden again --- the agency paid me till the last day I worked, no more money, no compensation.





Above were details when I got sacked, I know they were bad experience to any professionals, but I wish to ask a few questions if possible:

1. Did my employers have the right to sack me without giving notice?

2. In the first case, should I get paid more than ordinary for overtime work?

3. In both cases, did my employers pay me correctly as they both sacked me before the contract expires?

4. Were the reasons to sack me given acceptable? Especially in the first case, my boss said no one in the team liked me which was untrue.


Many thanks!

Gertie_Walker

If you have been with an employer for less than a year, you can be dismissed for almost any reason and no compensation would be due. The only reason a dismissal would be unfair would be if it was for any kind of discrimination. Both sides have the right to terminate a contract. An employer does not have to pay extra for overtime, unless it is stipulated in the contract.

RazWaz

The only thing I can see wrong is that you might have not been paid correctly for holidays. Unless you had taken all that you had earned at the time of the contract ending.

liney

Your T's and C's were likely to be a Contract for Services (standard agency contracts are) meaning that you are employed as and when required, and the company told you the positions were likely to last for X months. They are free to shorten or lengthen to suit without giving notice.

You are not by law entitled to an enhanced rate for overtime.

Whilst I don't think that telling you they no longer wanted you because they didn't like you was polite or professional, I don't think it's illegal. The standard "You are no longer required" reason is the second you gave: reallocation of work.

Why do you ask anyway?

zzzLazyDaisy

You did not work for the company but for the agency.

The agency has a contract to provide services to the company. The company can refuse to have a particular agency worker on their premises and they do not have to give a reason. So to say you were 'sacked' by the company is incorrect as you were never employed by them in the first place. They simply indicated to the agency that they did not require your services any more, which they are entitled to do.

If you have any rights at all, it would be against the agency, but it is rare for agency workers to have the status of 'employee', and even if you were an employee, as the previous poster has pointed out, you do not have the required length of service.

You may find the following information useful

http://www.hrbullets.co.uk/employment-law-basics/agency-workers.html

Sambucus_Nigra

What did your contracts say about your notice period?

Hammyman

Sambucus_Nigra wrote: »

What did your contracts say about your notice period?

Every agency I've ever worked for have had it as an "as and when needed" so as has been stated, if you're not required anymore then thats it until the next contract.

Sambucus_Nigra

Hammyman wrote: »

Every agency I've ever worked for have had it as an "as and when needed" so as has been stated, if you're not required anymore then thats it until the next contract.

Precisely.