We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

2 year rule for Temporary Workers causing me to lose my job!

Options
I'm a temporary worker hired on a PAYE basis through a well-known employment agency. My contact at the same client has been running for just under 2 years and to my surprise I recently found out that the company will not extend my contract again because they are concerned about a UK law which entitles me to claim a permanent position and all the workers rights, etc. that goes with that, if I stay at the company for longer than 2 years.  The great irony is that I'm happy to stay in a contractual role, and in fact I've been looking for an alternative temporary position within the same organisation. I'm now wondering if there is any point in me doing this, does the 2 year rule apply regardless of whether I move roles as I would be staying in the company? Has anyone come across this before and have any advice?  :)
«1

Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    They have to be careful, even with not continuous employment with breaks longer than a week they can get caught.
  • jackieblack
    jackieblack Posts: 10,492 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why would you want to continue working for a company that doesn’t want it’s workers to have their legal employment rights? 🤷🏻‍♀️
    2.22kWp Solar PV system installed Oct 2010, Fronius IG20 Inverter, south facing (-5 deg), 30 degree pitch, no shading
    Everything will be alright in the end so, if it’s not yet alright, it means it’s not yet the end
    MFW #4 OPs: 2018 £866.89, 2019 £1322.33, 2020 £1337.07
    2021 £1250.00, 2022 £1500.00, 2023 £1500, 2024 £1350
    2025 target = £1200, YTD £690
    Quidquid Latine dictum sit altum videtur
  • Maybe I'm a bit strange but I really like working as a contractor. I enjoy the flexibility and the take home pay is considerably more than I would get as an employee. The company aren't going to offer me a permanent role as a result of this rule, all it means is that I'm going to end up unemployed. 
  • sharpe106
    sharpe106 Posts: 3,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If you move roles then the length of serivce carries on.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Id be concerned the employer doesnt understand the relevant law at all. Nothing to do with 2 years, if you are not an employee...
  • sharpe106
    sharpe106 Posts: 3,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    After 2 years they get the same redundancy rights as normal employees, so will cost them to terminate the contract in the next year.  After 4 years they are pretty much an employee.


  • MinuteNoodles
    MinuteNoodles Posts: 1,176 Forumite
    1,000 Posts Name Dropper
    I'm a temporary worker hired on a PAYE basis through a well-known employment agency. My contact at the same client has been running for just under 2 years and to my surprise I recently found out that the company will not extend my contract again because they are concerned about a UK law which entitles me to claim a permanent position and all the workers rights, etc. that goes with that, if I stay at the company for longer than 2 years.  
    No such law exists. Where I'm at I've been there on agency 6 years.
    The only law that exists is the right to parity pay as part of the Agency Workers Regulations which is 12 weeks at a place, not 2 years. 
  • MinuteNoodles
    MinuteNoodles Posts: 1,176 Forumite
    1,000 Posts Name Dropper
    edited 20 July 2020 at 3:15PM
    sharpe106 said:

    After 2 years they get the same redundancy rights as normal employees, so will cost them to terminate the contract in the next year.  After 4 years they are pretty much an employee.


    They're an employee of the agency, not the company they're doing the work at. Any redundancy issues are entirely to do with the agency, not the place they're contracted to work at. 
    However with almost all agencies you'll find your employment contract only covers you for the time you're in work so if you have a week off where you're not using annual leave to cover it then that is a break in employment.
  • sharpe106
    sharpe106 Posts: 3,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Missed the agency part.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    sharpe106 said:

    After 2 years they get the same redundancy rights as normal employees, so will cost them to terminate the contract in the next year.  After 4 years they are pretty much an employee.


    Not if it's a true contractor
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.8K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.4K Spending & Discounts
  • 243.7K Work, Benefits & Business
  • 598.5K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 257K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.