Rights of temps

rkh001

:mad: Hi all

Does anyone know what the rights of temps are?

Please bear with me as the story is long...

Last Sept (2005) I got a temp job with a company by directly contanting them. They use an agency to pay my wages but I don't work for the agency. The girl I work with is very moody and temperamental. She is cheerful one day and really nasty the next. She also listens to Blue Grass music all day as she and her husband play in a band. I have complained about her loud music to my boss who said "I don't have time to worry about who plays what music", then I complained to HR about her music and her attitude - you never know where you are with her! HR said the manager should do something about it. Anyway, a week or so a go she has suddenly started being helpful and pleasant which made me very suspicious.

On Thurs we were supposed to have a meeting with the boss but she decided to go off sick (24 hr bug as the boss said). So, then the boss called me in and told me that I am not allowed to use the internet, no phone calls - incoming or outgoing (considering it's only my husband who rings me, only becuase he had an op and has been at home for 8 wks) and that he has noticed that she and I don't get on well with each other. I was so shocked I didn't say a word to him in my defence.

So on Friday I decided to take some notes in so that I could talk to him about what he had said. But then I decided that it would be better if she is there to justify herself. Of course her mother is very ill and she has gone to see her for a few days.

The thing that gets to me is that I do not use the internet excessively (only use it log on here or to check personal emails), I am usually on the phone for less than a minute and I am always helpful to everyone which she never is! And that has been noted by everyone else.

She comes and goes as she pleases (rarely does a full week and I have been keeping a spreadsheet on how much time off she has) and gets paid for it. I have to declare every 5 mins. She also makes very racist comments (I am Indian) like "I am British, I have a British bank account, I live in England, why should I talk to someone in India who can barely understand what I am saying. They shoudl get jobs in their own banks". Now generally I don't mind people making such comments but I know for a fact that she makes them loud enough for me to hear and knowing her, they are directed at me. I have never been to India.

So, I have requested that the 3 of us have a meeting when she comes back as I have comments to make. If it wasn't coming up to Christmas, I would have left the same day and let them get on with it. But I feel that I am being forced into a corner by her laying down the law - she and boss get on very well. I get on with everyone else except her but Ihave never once made any snide comments, I have never treated her any differently than others but I am baffled that she has been using plyground mentality to try and see me out of a job!

Another thing - she lives opposite me. I have had comments like "My house is better than yours, I have 2 lounges, I have trees outside my house", etc. Just plain nasty. She doesn't like us living here because I know when she is in and when she is not as her cars are parked on the road. And I know that she may have gone off sick for days but they weren't in as they do gigs. She doesn't like that one bit.

So, having been there over a year, do I have any rights? I have never seen any company policies about use of phones and internet (and I know that everyone does and she spends hours playing games). Can I use the line that the boss is being discriminatory towards me as different rules apply to the perm staff and different for me? Can I complain that I have had to listen to her making racist remarks?

Any advice will be hlpful. And thanks for reading. I haven't slept for 2 nights so please forgive any grammar and spelling errors.

jet77

No idea - I'vetemped before and have always gonethrough agencies - if I've had a problem with where I've worked they've always been most supportive and found me somewhere else (my friend however works for another agency who have not been so supportive).

So I'm not of much use to you - just wanted to show my support. I think lack of sleep often makes you feel worse about things. At the end of the day a job is not worth you feeling upset - my parents on the other hand think that you should stick at things no matter how you are treated and are disgusted that I switch from job to job when I have a mortgage (fingers crossed that I found a good one last May that I intend to stick with).

Do you get sick pay? Could you go to the doctors and explain how all this is affecting you and that you are losing sleep through it and maybe get signed off until after Xmas giving you time to look for something else? Do you have any paid holiday entitlement through the agency? Could you ring the agency and say you've never had a contract with them despite being paid through them for so long and would it be poss to have one (maybe because you're thinking of remortgaging??) and then once you've got a contract with them you'll have more options?

Best of Luck anyway and don't let it get on top of you. It's just a place you go to to benefit you at the end of the day but if it's having an adverse affect on your health it's time to move on in my opinion.

Luv Jxxx

rkh001

I have to say that it is very tempting to walk out of that job but we need to incomes to survive - just about! This is the wrong time of the year to be leaving as there aren't any jobs out there that pay even anywhere near what I need to earn.

I have had a look at the ACAS website and they don't have much. To be honest I think I don't have any rights. I can go 2 ways - walk out and suffer for a couple of months and get into even more debt or play the game and put up with the situation. Both seem so awful. I wake up feeling nauseous (sp?) and I want to not bother going into work.

I suppose the only option is to shut up and put up!!

By the way, can this be constructive dismissal?

tyllwyd

I'm not a lawyer so I can't give proper advice, but you certainly shouldn't have to put up with harassment at work whether or not you are on a temporary contract. If she is making negative comments to you based on your race, then that is unlawful discrimination (http://www.acas.org.uk/index.aspx?articleid=797. If you make a complaint to your HR department about this, they should take notice.

If it gets to the point where you can't take it any more and you walk out because of her bullying, this could be constructive dismissal and you might be able to bring a claim in the employment tribunal for unfair dismissal. Of course, you may lose the case so it's a last resort.

I think you need to have a talk to someone who can give you an idea of your rights - the CAB or a solicitor if you can get an initial interview for free. It certainly isn't the case that you just have to put up with it, especially if there is a racist side to the problem.

rkh001

I think you are right. I need to speak to someonw ho can help.

What a situation! I asking why me as I get on with everyone etc.

pudding06

I am sorry you are having so much trouble.

I would like to point out though that as the agency pays your wages then the agency is your employer not the firm!!!!

pudds

tyllwyd

pudding06 wrote:

II would like to point out though that as the agency pays your wages then the agency is your employer not the firm!!!!

That doesn't mean you have no rights when you are working as a temp though. Have a look here http://www.cre.gov.uk/legal/layadvisers_protected.html (see points 7 and 8) - as a contract worker, you are still protected by law from race discrimination (including harassment) by the company you are working for.