Agency lied about job

GorgeousG

Hi

Hope someone can help. I got a new job through an employment agency and the job was advertised as a full time permanent position. The agency said that the first 3 months would be on probation through them and then I would be made permanent. I agreed as most companies do this.

When I started there were a few others that were in the same position. At Xmas I had done my 3 months and contacted the agency, who advised all that the owner of the company was busy because of Xmas and would be in touch after.

In January, my colleague was told there was not enough work and given a months notice. I was obviously concerned about my job and contacted the agency who said 'speak to the owner yourself'!!!!! I spoke to him and was told that the next few months will be quiet and will see how things go. I then heard that he had spoken to a colleague and said that he prefers 'temps' as he doesn't have to pay holiday or sickness and not have them on his books!

Last week I turn up at work and find a new girl has started 'full time AND permanent'! Worst of all she used to work for the agency I got the job from!!! Surely this must be a breach of contract, taking a job from under a candidate or something? Apparently the agency don't know she works there. I spoke to my manager as I was concerned that there was not enough work for two full time people and all he could say was 'I don't know' (liar, he was in the interviews apparently!).

I have now been there 7 months and like it there but I feel I have been well and truly lied to. I left a permanent position for a permanent job not to be a temp and have the worry of whether I will have a job next week. I know no job is safe these days but being permanent gives you a bit more of a safety net especially after years of trying to recover from the recession (it hit me very hard).

I really don't know where I stand. I emailed the agency last week and they can't be bothered to reply (I can't take calls at work). Surely the agency can't do this.

What rights do I have? As far as I can see the agency has lied about the job. I have tried Citizens Advice but they just tell me to read the government website!

zaax

Even if your permanent you can be dismissed for no reason with in 2 years. The only right you have is your pay including holiday pay which should be about a two weeks (if you didn't take any).

xapprenticex

theres nothing you can do, if you are with an agency, just assume its temp.

ScorpiondeRooftrouser

What's it got to do with the agency? What did your contract with the company say? I presume you are employed by the company rather than the agency?

GorgeousG

That is the whole problem. I'm still employed by the agency 7 months on. The job was advertised as permanent full time with the company. I was told I would do 3 month probationary period with agency then employed by the company. No one will give me a straight answer. I just feel fobbed off.

TyreLever

I would be tampin mad. However if you want to keep your job its best not to bite the hand that feeds you, as tempting as it is to kick your master in the balls instead. The trouble with taking legal action (successfully or otherwise) against an employer is that it jeopardizes your chances of being taken on. However if you feel there little chance of that anyway, seek advice from a proper lawyer.

ScorpiondeRooftrouser

GorgeousG wrote: »

That is the whole problem. I'm still employed by the agency 7 months on. The job was advertised as permanent full time with the company. I was told I would do 3 month probationary period with agency then employed by the company. No one will give me a straight answer. I just feel fobbed off.

Well the agency has promised you something that's clearly not in their power to deliver.

It doesn't help but you should never have left a permanent job for this. I don't know whether you have been lied to or whether people have simply changed their minds, but as soon as any talk of being employed by the agency came up, you should have told them "no thanks" and stayed in your old job. If something isn't down in the contract, you shouldn't expect it to happen.

ScorpiondeRooftrouser

TyreLever wrote: »

I would be tampin mad. However if you want to keep your job its best not to bite the hand that feeds you, as tempting as it is to kick your master in the balls instead. The trouble with taking legal action (successfully or otherwise) against an employer is that it jeopardizes your chances of being taken on. However if you feel there little chance of that anyway, seek advice from a proper lawyer.

His employer is the agency. He'd have to try and take legal action against them on the grounds that they made him a verbal assurance that another company would offer him a permanent position. There's not a hope in hell.

pmduk

If you're working for an agency always assume the placement is temporary. Employers use agencies because they can stop/start the work at will.

auldblerk

Don't make the mistake I made and lose sight that you're an agency worker. My first encounter with agency work, the agency told me there was a good possibility of being taken on by the company and go from one contract to another and the company had a reputation as such. It was a great job and done 6 months before the company started winding the contract down and save money, job ended. No notice period, no holiday pay, no say in the matter. That's the way it is with agency work.

[Deleted User]

GorgeousG wrote: »

I know no job is safe these days but being permanent gives you a bit more of a safety net

How - under 24 months does it secure you?

Anyone can be be labelled temporary during this time. I'm perm under just statutory.

I've had similar a newbie start on different lets say more favorable terms, I really had it out with my manager who said don't like it you are free to book holiday..... 3 cancelled interviews later, only staying because I can do the job and kind of made myself as indispensable as possible oh dear I really messed that one up! lol!! (but the only other way I can deal with the green eyed monster in me which has passed couple of days on, phew) There really is no telling whether new people will last, always keep that in mind.

The only other time I was an actual temp about to be made perm was with another job offer firmly in hand - the recruitment agency definitely were then willing to hand me over to the company. If I hadn't got that offer I have no idea when I would have been approached to go perm. Hope this is of some help.