Agency work - Can I be sacked for going to an interview

KR94

Hi,

I'm currently working in the steel industry an agency and have been for about 5 years now!

I have been offered an interview elsewhere which I obviously want to attend as it's a permanent job.
I have worked my contracted 8 hours but now i'm being threatened that i'll be sacked if I go to this interview??

Is that legal?!

Any advice gratefully received!
TIA x

TELLIT01

If you are going in your own time I don't see what grounds they think they have for dismissal.

stator

How will they know?

KR94

I told them that what why I was leaving .. stupidly!!

nicechap

KR94 wrote: »

Hi,

I'm currently working in the steel industry an agency and have been for about 5 years now!

I have been offered an interview elsewhere which I obviously want to attend as it's a permanent job.
I have worked my contracted 8 hours but now i'm being threatened that i'll be sacked if I go to this interview??

Is that legal?!

Any advice gratefully received!
TIA x

KR94 wrote: »

I told them that what why I was leaving .. stupidly!!

So you're leaving anyway?

What do you mean by agency work? Are you an employee or subcontractor of an agency supplying labour to the steel industry? Have you worked for many different clients of the agency or only one? What's your notice period?

Is the new employer a competitor to the agency or the clients? Do you have any restrictive covenants in your contract?

KR94

nicechap wrote: »

So you're leaving anyway?

What do you mean by agency work? Are you an employee or subcontractor of an agency supplying labour to the steel industry? Have you worked for many different clients of the agency or only one? What's your notice period?

Is the new employer a competitor to the agency or the clients? Do you have any restrictive covenants in your contract?

I'm employed through an agency, Adecco - have been with the same company for the full 5 years. I'm pretty sure my notice period is 1 week - although I've not checked this.

No the new employer isn't a competitor or any relation to my current place - I currently work with reinforced steel, the new place is more atoms and elements based.

nicechap

KR94 wrote: »

I'm employed through an agency, Adecco - have been with the same company for the full 5 years. I'm pretty sure my notice period is 1 week - although I've not checked this.

No the new employer isn't a competitor or any relation to my current place - I currently work with reinforced steel, the new place is more atoms and elements based.

So you're an employee of the agency (you may want to edit the company name out), but also have acquired rights as though you were an employee of where you work. Is it the agency or the company that's saying they'll sack you? If its the company, the agency can still employ you?

Whilst no one here on the internet can stop either of them sacking you, you may be able to bring a claim for unfair dismissal for it.

KR94

nicechap wrote: »

So you're an employee of the agency (you may want to edit the company name out), but also have acquired rights as though you were an employee of where you work. Is it the agency or the company that's saying they'll sack you? If its the company, the agency can still employ you?

Whilst no one here on the internet can stop either of them sacking you, you may be able to bring a claim for unfair dismissal for it.

The company, not the agency - I have very little to do with the agency - they just pay me.
I deal with everything else through the company.

The tribunal route is what i'm thinking - i'm just unsure how much that will cost and if i'd stand a chance?

nicechap

If successful, you'd be compensated for your losses, so notice pay, lost wages whilst looking for new work.

If you're already leaving and you get the job you're going for, then its likely to be an awful lot of effort for little reward.

That said, you'd still be an employee of the agency so entitled to carry on working for them.

ReadingTim

If you schedule the interview outside working hours, or book half a day of a whole day as holiday, get it approved, and have it on your day off, then I'm sure you'll be fine - it's no business of theirs what you do in your free time.

But if you think you can walk out early, regardless of the hours you've done that day or that week, or just get some time off for it, in the same manner as a doctors or dentists appointment; you're likely to be disappointed, especially as you've told them why. It'll be treated as an unauthorised absence, and depending on company policy and your own attendance record, could result in dismissal.

So what's the full story, and how did the conversation go in the lead up to them threatening to sack you if you attend an interview?

sangie595

If you work for an agency there is a question as to your employment status. You may very well not be employed by them. In which case they are allowed to not offer you work. That would be common. Equally, your actually don't have a right to take time off if they say you can't.

It's far too early to suggest tribunals - right now we couldn't be certain that you are even eligible to claim