Temp for > 2 years - rights?

ripofflondon

Hi all

A colleague of mine at XYZ council has worked for >2 years as a temp through Adecco on a temp contract / series of short-term contracts (not sure which but definitely there has not been a break in her working at the council during this time).  

Now the council is saying to Adecco 'we don't want any temps to be here beyond 2 years' and my colleague, as well as many others like her, has been told she will be terminated at end Oct, by which time she will have been here more like 2 yrs 6 mths.  

I believe that, once a temp has been at the same job with the same employer for >2years, they are regarded for employment law purposes as if they were permanent and that, in this case, Adecco has become her employer when it comes to things like redundancy / unfair dismissal. 

Colleague OTOH believes that, because her contractual relationship is with Adecco not XYZ council, if the council says to Adecco 'we don't need her anymore' then colleague has no employment law rights against either Adecco or the council even though she has been there >2 years.  

Which one of us is right?  

Brie

Many companies switch temps at about 11 months to avoid this issue but some always slip through.

I would suggest your colleague talk to the local union to see if they will take up her case.

Marcon

ripofflondon said:

Hi all

A colleague of mine at XYZ council has worked for >2 years as a temp through Adecco on a temp contract / series of short-term contracts (not sure which but definitely there has not been a break in her working at the council during this time).  

Now the council is saying to Adecco 'we don't want any temps to be here beyond 2 years' and my colleague, as well as many others like her, has been told she will be terminated at end Oct, by which time she will have been here more like 2 yrs 6 mths.  

I believe that, once a temp has been at the same job with the same employer for >2years, they are regarded for employment law purposes as if they were permanent and that, in this case, Adecco has become her employer when it comes to things like redundancy / unfair dismissal. 

Colleague OTOH believes that, because her contractual relationship is with Adecco not XYZ council, if the council says to Adecco 'we don't need her anymore' then colleague has no employment law rights against either Adecco or the council even though she has been there >2 years.  

Which one of us is right?  

Suggest you refer your colleague to https://www.citizensadvice.org.uk/work/agency-workers/check-your-rights-as-an-agency-worker/

Grumpy_chap

The rules on breaks in service can be quite detailed - events such as two weeks annual leave can sometimes satisfy the non-continuity criteria.

The OP also may wish to consider the practicalities of "forcing" the 2 years 6 months to be recognised as continuous service.  This current role will terminate at the end of October.  Forcing redundancy may result in a small short-term payment.  It would most likely be against the Agency, not the Local Authority.

Not forcing redundancy may mean that an alternative role at the Council, or via the Agency is possible.

This may not be a correct reflection of "rights" but may be a pragmatic consideration.