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My hours given to agency worker.
tizzzr
Posts: 16 Forumite
Hello dears,
started working as a catering assistant in an office canteen February on 37.5 hrs pw. On 7th October my mgr against my wishes reduced my hours by half for no reason except that it would suit her better. A new employee was taken on to work my old hours. End of October the new employee resigned so an agency worker was arranged on an ongoing basis until someone was recruited. I am a spritely 72 year old but I was due a knee operation on 6th November involving a 6 week recovery period. The agency worker was to take on my hours too until my return. On 5th Novemebr whilst at work my operation was cancelled. Immediately I informed my mgr expecting to continue in my role until my new operation date 28th Novemebr. To my surprise she curtly told me that she could not change the agency workers arrangement in any way and that I would receive no work in this period. I know this is not true as it is common knowledge in catering that as an agency worker your shifts can change at a moments notice. Further the agency will only charge a days labour at most after a cancellation. As a result I have lost my wages during this time. It seems wrong that an agency worker is currently working both halfs of my original job whilst I have been lied to and cast aside. The agency worker is young and more energetic and I believe they are pushing me out to replace me with him. I am on a zero hours contract but can they simply replace me with an agency worker for nothing except being older? Also I worry that even when I attempt to return after my recovery period they will continue to use the agency worker and refuse to give me my hours back like they are now. Is it worth contacting HR or someone or have I no rights at all?
Thankyou
Bless
started working as a catering assistant in an office canteen February on 37.5 hrs pw. On 7th October my mgr against my wishes reduced my hours by half for no reason except that it would suit her better. A new employee was taken on to work my old hours. End of October the new employee resigned so an agency worker was arranged on an ongoing basis until someone was recruited. I am a spritely 72 year old but I was due a knee operation on 6th November involving a 6 week recovery period. The agency worker was to take on my hours too until my return. On 5th Novemebr whilst at work my operation was cancelled. Immediately I informed my mgr expecting to continue in my role until my new operation date 28th Novemebr. To my surprise she curtly told me that she could not change the agency workers arrangement in any way and that I would receive no work in this period. I know this is not true as it is common knowledge in catering that as an agency worker your shifts can change at a moments notice. Further the agency will only charge a days labour at most after a cancellation. As a result I have lost my wages during this time. It seems wrong that an agency worker is currently working both halfs of my original job whilst I have been lied to and cast aside. The agency worker is young and more energetic and I believe they are pushing me out to replace me with him. I am on a zero hours contract but can they simply replace me with an agency worker for nothing except being older? Also I worry that even when I attempt to return after my recovery period they will continue to use the agency worker and refuse to give me my hours back like they are now. Is it worth contacting HR or someone or have I no rights at all?
Thankyou
Bless
0
Comments
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Nothing you can do if you have only been there since February and a double whammy is that you are on a 0 hours contract.
Have you spoken to the manager to ask what is what and where you stand or go higher to the managers boss.
Sorry, but they can do what they like.....
Hope all goes well with your op.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
Nothing you can do if you have only been there since February and a double whammy is that you are on a 0 hours contract.
Have you spoken to the manager to ask what is what and where you stand or go higher to the managers boss.
Sorry, but they can do what they like.....
Hope all goes well with your op.
Thankyou for your reply.
So now if you become ill, pregnant, need bereavement time, get too old, ask for a payrise, ask for a break etc - they can now constructively sack you by stopping your hours, replace you and give no reason. This is borderline tyranny. Think this may not stand up in a legal situation so I am going to pursue them firstly through human resources department and take it from there. Feel sorry for young workers today, never thought I would be thankful to be 72. No wonder people look so fed up working in catering nowadays. Employees must be robbing their employers at every turn if they receive so much contempt and no mutual support.0 -
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Thankyou for your reply.
So now if you become ill, pregnant, need bereavement time, get too old, ask for a payrise, ask for a break etc - they can now constructively sack you by stopping your hours, replace you and give no reason.
Yes. You can leave without giving a reason, and they can let you go with no reason, the situation is the same for both parties.
If you can be bothered to become good at your job, though, employers will fall over themselves to take you on. It's up to you.0 -
I know this is not true as it is common knowledge in catering that as an agency worker your shifts can change at a moments notice. Further the agency will only charge a days labour at most after a cancellation.
I've worked in catering for 13 years (started in a dingy canteen and ended up managing 5* restaurants, even worked periods for an agency), and this is rubbish. Your employer has a contract with the agency, and still require notice of terminating a contract. I feel sorry for the temp, they've been hired on a fixed term contract, and they are expected just to take it because you've, changed your plans. What happens when your operation is rescheduled? Are they expected to go and hire another temp? That's is the agency want to deal with your employer again after being treat shoddily the last time.0 -
GothicStirling wrote: »I've worked in catering for 13 years (started in a dingy canteen and ended up managing 5* restaurants, even worked periods for an agency), and this is rubbish. Your employer has a contract with the agency, and still require notice of terminating a contract. I feel sorry for the temp, they've been hired on a fixed term contract, and they are expected just to take it because you've, changed your plans. What happens when your operation is rescheduled? Are they expected to go and hire another temp? That's is the agency want to deal with your employer again after being treat shoddily the last time.
13 years yet you learned so little!
An employment agency is a sales company. They're not in the habit of turning away customers. Wow.
OP also never mentioned anything about a fixed-term contract.Hope over Fear. #VoteYes0 -
13 years yet you learned so little!
An employment agency is a sales company. They're not in the habit of turning away customers. Wow.
OP also never mentioned anything about a fixed-term contract.
No, what I said is that the agency staff will have been hired on a fix term contract between the employer and agency. And agencies will turn away business if they don't find the client is reliable.
Thanks for reminding me why I left catering for the heritage sector!0 -
From your other thread "Emloyer deducted wages" in August 2012:
" I am young and have been naive to believe that anyone is this selfish to lie and cheat me and my family to this extent,"
So which is it are you young or are you 72?
Im 72. My grandson is helping me. Is that ok with you?0 -
Yes. You can leave without giving a reason, and they can let you go with no reason, the situation is the same for both parties.
If you can be bothered to become good at your job, though, employers will fall over themselves to take you on. It's up to you.
I am good at my job, it was going fine until i told them about my operation. They are casting me aside for someone younger. If there was no work available then I could understand stopping my hours. Also its not like Ive had my hours stopped before for any period of time. I think I can prove a mutual working relationship existed.0
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