Offered permanent job - what to do

Loretta

My son lost his permanent job a few months ago, company relocated, while looking for another job he has been working for an agency driving for a supermarket delivering shopping, hours about half time as available plus any extra that he was asked to do. He had to sign a contract for 13 weeks and cannot work for anyone else or another agency during that time. This contract has just finished, still working for them and has been asked to sign new contract but hasn't signed it yet, agency a bit chaotic

This week he went for an interview for a permanent job and he and the 'new employer' clicked, job is available as someone is retiring and it is the perfect job he wants. Just waiting for offer in writing, we know not to do anything until job confirmed

Now the problem, new job start date 23rd February, one week to work with person retiring. Can't sign new contract with agency as doesn't want to work for 13 weeks and lose this new job. Can't afford to not work for 6-7 weeks.

He hasn't told agency but I presume they know anyone would be looking for a permanent job.

What should he do? keep his head down, keep on with agency and hope to 'use up' as much time working as he can until 23rd February without signing a new 13 week contract? Can agency hold him to 13 week contract if he signed it? I presume they can, what would the consequences be?

Obviously he wants a permanent job and this is a good one

Don't know what to do but obviously wants to do the right thing, nothing underhand, but also wants/needs this job

Any help would be appreciated

timbo58

It should say on his contract what his notice period is.
To be fair it's nigh on impossible for any employer to force a member of staff to stay if the staff member doesn't want to.

Loretta

timbo58 wrote: »

It should say on his contract what his notice period is.
To be fair it's nigh on impossible for any employer to force a member of staff to stay if the staff member doesn't want to.

The contract he has to sign is for 13 weeks, no notice period, contract just ended, he won't now be offered anymore work from the agency until he signs a new 13 week contract, new job starts 23rd February 6-7 weeks time.

Do you suggest he signs the new contract and then about a week before just says he has a new permanent job and cannot wor after, say Friday 20th February?

CrowCrow

In absence of a notice period in the contract statutory period applies, a week.

Sign the contract then give a weeks notice.

kwmlondon

Sign the new contract, but be aware that if he quits after working a couple of days he may not be able to get those days pay out of the company as they'll argue that he's reneged on his contract. Therefore try to leave straight after being paid.

CrowCrow

kwmlondon wrote: »

Sign the new contract, but be aware that if he quits after working a couple of days he may not be able to get those days pay out of the company as they'll argue that he's reneged on his contract. Therefore try to leave straight after being paid.

That would be unlawful deduction.

They are separate issues. If the agency want to sue for breach of contract then that is a separate case. If they withhold salary and the op sues he will win. Regardless of the outcome of the breach of contract.

patman99

Have you looked into the contract fully ?. I'm not sure that they could legally force him to work the full 13 weeks or disallow him from working for someone else.

I know that the Court ruled this to be the case with zero hours contracts, but unsure if it can be applied to agency contracts though.

AS it is common practice for temps to look for perm roles, I doubt the agency would have aleg to stand on if they did refuse to pay him should he sign the new contract, then leave in time to start his new role. I feel that they would be on rocky ground indeed and such terms may even be deemed as unfair.