Contract Work - Agency Dispute

Jalani1

Will try and keep this as brief as possible.

I am an experienced contractor and I was placed on a 12 month contract with a new employer last year by an agency. Unfortunately, despite regularly working 50 - 60 hours a week the employer threatened me with my job on a daily basis if certain targets were not met. Often these targets were completely unachievable for many reasons outside the control of us workers. I also found that I was given higher targets than other colleagues, misled about potential for extra earnings, told to disregard regulatory princples, and warned for taking a couple of days unpaid leave when my baby was sick.

Because of the employers conduct I twice reported incidents of threats, unfair treatment, and wrongdoing to my agency - yet no action was taken. The final straw for me was when a group discussion took place about my ethnicity. Unfortunately, the pressures of this unpleasant environment eventually impacted upon my health and I went on unpaid sick leave. At this point I decided to hand in my resignation as I could not return to such conditions. However, the agency said I had to return and work a 4 week notice period as per my contract or provide a medical certificate to say I was unfit to return. In the meantime the agency witheld any monies owed to me in case I breached my contract.

Without the pressures of the toxic working environment my health quickly improved and I told the agency that I did not wish to work the notice period on the basis of the employers conduct rather than any health issues. I also added that the agency had twice failed to act upon reports of threats/unfair treatment and this meant I had effectively been forced to leave the contract. To my mind this constituted unfair or constructive dismissal countering any assertion about breach of contract.

Ultimately, I dont want to get any individuals on the contract in trouble, I simply want what I am owed, and I want a reference for a potential new employer. Meantime the agency seems to be in no hurry to get back to me so any suggestions about my next course of action or similar experiences greatly appreciated.

Pricivius

It's not clear who is your employer - you refer to the end user as the employer, but then it's not clear what role the agency played. Can you dig out your contract to clarify this point as it will make quite a difference to your next steps?

patman99

If you are indeed an Agency worker, then you can leave a placement without any notice if you want. Just as you have the right to refuse a placement without prejudice.
The Agency will have given you a contract of employement which will lay all of this out quite clearly.

Have you been at the placement over 12 weeks ?. If so, then you now have a lot more options open to you if you wish to get all Legal on them.