Unfairly dismissed Agency Worker

m1234w

I have been working for an agency at a company for 8 weeks.

There are usually 2 of us on a shift (1 permanent employee and me the agency worker). I turn up for my normal shift on Saturday morning and find that another agency worker who normally does the day shift (I was on 4 on 4 off shifts) was there to replace me.

The permanent employee rang the boss to say I was there and was sent home and told that the agency should have rung me to tell me I wasn't needed.

So I get home and ring the agency and they told me they had a phone call Friday afternoon to be told that I wasn't needed any longer as the work has dried up (yeah right).

I also noticed during the previous week that the same agency was advertising on the JC website for more people to start work there on 6-2 / 2-10 shifts.

That is unfair dismissal in my book but do I have any rights? Where do I go from here?

m1234w

Thought as much. Thanks for the reply

fedster

Googlewhacker wrote: »

I would expect to be paid for the shift that you turned up for but other than that you have no rights as you are agency. You cannot even think Unfair dismissal until you have been there 1 year plus

If you are an Agency worker and get taken on permnant, does your probation year start from when they took you on fulltime, or does the period when you were agency get taken into consideration?

Hammyman

m1234w wrote: »

So I get home and ring the agency and they told me they had a phone call Friday afternoon to be told that I wasn't needed any longer as the work has dried up (yeah right).

I also noticed during the previous week that the same agency was advertising on the JC website for more people to start work there on 6-2 / 2-10 shifts.

That is unfair dismissal in my book but do I have any rights? Where do I go from here?

There is no such thing as unfair dismissal for agency workers. You will be on a zero hour contract which basically means as and when needed with no notice period.

dark_lady

I thought a new law came in earlier this month saying that agency workers get the same rights as permanent employees once they had been somewhere for twelve weeks. If the OP has been dismissed after 8 weeks it sounds like the employer is trying to avoid the new law which is what Pennman and Sommerlad said would happen.

Jarndyce

m1234w wrote: »

That is unfair dismissal in my book but do I have any rights? Where do I go from here?

It is not an unfair dismissal. You have no rights to claim unfair dismissal. You go back to your agency and ask for more work.

Hammyman

dark_lady wrote: »

I thought a new law came in earlier this month saying that agency workers get the same rights as permanent employees once they had been somewhere for twelve weeks.

That doesn't apply to notice, just pay.

heretolearn_2

I does sound personal - they need someone, but don't want you. Employers don't have to employ anyone they don't want to, that isn't unfair dismissal.

You might be better off asking the agency for some feedback - why did this company ask to have you off this contract? Was it something you did/didn't do?

Jarndyce

Hammyman wrote: »

That doesn't apply to notice, just pay.

And it also only applies if you have worked for 12 weeks in the same role from October 1st.