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  • FIRST POST
    • Queenbean
    • By Queenbean 5th Mar 18, 3:18 PM
    • 7Posts
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    Queenbean
    Help - Agency staff back to work after mat leave
    • #1
    • 5th Mar 18, 3:18 PM
    Help - Agency staff back to work after mat leave 5th Mar 18 at 3:18 PM
    Hi,

    looking for some help. i am employed by a company through an agency. I have worked there over 3 years and am currently on mat leave. They took maternity cover on for 10months to fill the gap while i am on mat leave and terminated my contract. i am now due to return to work and have been emailing for weeks to get the ball rolling. however now they are having to check they can give me my job back (not looking promising) . They have apparently given my maternity cover a full time contract. Can anyone tell me where i stand with this.

    Thanks
Page 1
    • Comms69
    • By Comms69 5th Mar 18, 3:26 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    • #2
    • 5th Mar 18, 3:26 PM
    • #2
    • 5th Mar 18, 3:26 PM
    Well legally the certainly 'can' give you your job back. Just sack the new person, no reason required.


    But who is your employer, the agency or the company.


    You also said they terminated your employment. You agreed? Because potentially you have lost a lot of rights, under the 3 months to make a claim rule. (this can be extended)


    Did you get SMP for example?
    • Queenbean
    • By Queenbean 5th Mar 18, 4:10 PM
    • 7 Posts
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    Queenbean
    • #3
    • 5th Mar 18, 4:10 PM
    • #3
    • 5th Mar 18, 4:10 PM
    They told me they had to terminate my contract in order to obtain my maternity cover. then when i was due back i would have handover and be put back in my position with a new contract.

    I was employed by the company through my agency. If i am not on a contract i do not get paid by my agency.

    I was paid SMP through my agency.
    Last edited by Queenbean; 05-03-2018 at 4:11 PM. Reason: Missed information
    • Comms69
    • By Comms69 5th Mar 18, 4:16 PM
    • 2,970 Posts
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    Comms69
    • #4
    • 5th Mar 18, 4:16 PM
    • #4
    • 5th Mar 18, 4:16 PM
    They told me they had to terminate my contract in order to obtain my maternity cover. then when i was due back i would have handover and be put back in my position with a new contract.

    I was employed by the company through my agency. If i am not on a contract i do not get paid by my agency.

    I was paid SMP through my agency.
    Originally posted by Queenbean
    You were not employed by the company then, that was just your place of work?
    • Queenbean
    • By Queenbean 5th Mar 18, 4:32 PM
    • 7 Posts
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    Queenbean
    • #5
    • 5th Mar 18, 4:32 PM
    • #5
    • 5th Mar 18, 4:32 PM
    I didn't work directly through the company, no. They paid my agency who paid me.

    Ive read online that even as an agency worker i still have rights to get my job back or it can be classed as discrimination. posted below. i just don't know where i stand at all.


    Can an employer refuse to let you return to the job you were doing before you had your baby

    It may be discrimination if your employer refuses to take you back into the job you were doing before.

    This will depend on your circumstances.

    For example, there may be a case for discrimination where, although you're an agency worker, you have worked for the same employer for a number of years and your employer could easily have allowed you back to work after your maternity leave.
    • Comms69
    • By Comms69 5th Mar 18, 4:44 PM
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    Comms69
    • #6
    • 5th Mar 18, 4:44 PM
    • #6
    • 5th Mar 18, 4:44 PM
    I didn't work directly through the company, no. They paid my agency who paid me.

    Ive read online that even as an agency worker i still have rights to get my job back or it can be classed as discrimination. posted below. i just don't know where i stand at all.


    Can an employer refuse to let you return to the job you were doing before you had your baby

    It may be discrimination if your employer refuses to take you back into the job you were doing before.

    This will depend on your circumstances.

    For example, there may be a case for discrimination where, although you're an agency worker, you have worked for the same employer for a number of years and your employer could easily have allowed you back to work after your maternity leave.
    Originally posted by Queenbean
    I agree with you, which is why I asked, - but also you agreed for them to terminate your contract, which is the bit I'm confused about.


    I would be concerned whether that would limit any possible claim. As an agency worker it's worth remembering that you can be redeployed at short notice too. e.g. the contract between client and agent ends.
    • Queenbean
    • By Queenbean 5th Mar 18, 4:46 PM
    • 7 Posts
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    Queenbean
    • #7
    • 5th Mar 18, 4:46 PM
    • #7
    • 5th Mar 18, 4:46 PM
    I only agreed because they said that is what they had to do in order to get my maternity cover in, and they would restart my contract as soon as i returned. have i had the wool pulled over my eyes?
    • Comms69
    • By Comms69 5th Mar 18, 4:49 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    • #8
    • 5th Mar 18, 4:49 PM
    • #8
    • 5th Mar 18, 4:49 PM
    I only agreed because they said that is what they had to do in order to get my maternity cover in, and they would restart my contract as soon as i returned. have i had the wool pulled over my eyes?
    Originally posted by Queenbean
    Possibly.


    Did they cancel it every time you went on annual leave - presumably the agency just sent someone else during that time?


    I'd speak to my union, failing that ACAS, failing that (and actually even if you do speak to ACAS) a solicitor.
    • Queenbean
    • By Queenbean 5th Mar 18, 4:54 PM
    • 7 Posts
    • 0 Thanks
    Queenbean
    • #9
    • 5th Mar 18, 4:54 PM
    • #9
    • 5th Mar 18, 4:54 PM
    No, whenever i went on annual leave my contract was still in place and work was picked up by my colleagues.

    i have a union with my agency so i will speak to the and pop into my citizens advice bureau too.
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