Company kept me as a temp for too long.

DS__2-2

Hey all. I was working as a temp for a company for over 2 years and I believe this is illegal. Can I take any action against the company for doing this? Cheers, Dan.

Owain_Moneysaver

Why do you think it's illegal, and what do you want the company to do about it?

DS__2-2

I'm not sure what I want the company to do about it. I don't want to go back and work there but I just wanted to know whether it was worth pursuing. I was told that a company couldn't keep you as a temporary worker for more than 2 years without renewing your contract.

nomoneytoday

Would you prefer that they didn't employ you?

DS__2-2

Ahh sorry I forgot to say that I no longer work there and I've been sacked.

dmg24

Were you sacked for a valid reason?

KME91

You can be kept on as a temp worker for as long as your contract says, and your contract can also be extended regularly. If you get past the four year point then you can ask to be made permanent, but your employer doesn't have to do this if they have a valid business reason for refusing. so no they haven't done anything illegal.

Owain_Moneysaver

AIUI provided you worked there for more than 1 year you're entitled to the statutory protections against unfair dismissal etc. It doesn't matter whether your contract says temporary or not.

If you want to get an Employment Tribunal claim in, you usually have only three months less one day from the date of the incident occurring.

getmore4less

DS_ wrote: »

I'm not sure what I want the company to do about it. I don't want to go back and work there but I just wanted to know whether it was worth pursuing. I was told that a company couldn't keep you as a temporary worker for more than 2 years without renewing your contract.

The key point about two years continuous service is that one of those fair reasons for dismisal is redundancy, with 2 years service you qualify for a statutory payment.

Pete111

Can you advise whether you were employed by another party (ie a temp agancy) as an agency worker or were on a fixed term contract of employment with the company you were working at

If it is the former then I'm afraid you may have far less protection than some posters imply as you were not actually employed by the company you worked at but by the agency itself.

If it is the latter you have the same rights as a permanent member of staff ie unfair dismissal rights etc.

let me know

P