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uk temporary employee advice

Posted on 2004-09-09
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Last Modified: 2008-03-10
I am looking for a bit of advice on legal rights of temporary employees in the UK. Mainly on, is there a limit on employment time before a permanent appointment needs to be offered.
If a person is employed and paid through a employment agency, is the site at which she is actually temped out to, legally binded into offering a full-time position to this person after a certain length of time.
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Question by:blobajob
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ratb3rt earned 125 total points
ID: 12015616
no, and no. You are employed by the agency, and your contract of employment is with them, not the company you actually work at.
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by:Pete Long
Pete Long earned 125 total points
ID: 12015696
correct - in fact when I was in this position the employment angency had built into the contract that I couldnt be employed by the firm for a period of 12 months after termination of contract.

Ive had guys work for me for nearly two years on 1 month rolling contracts - that I only had to give a weeks notice if I wanted rid.

traditionally agency/contract workers get paid more (though the guy on the ground dont see that much after the agency has taken its cut) - the whole system is flawed, if companies took these guys on then they would pay less and the contractor would probably get paid more.

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by:blobajob
ID: 12015946
it seems a bit off that you can be kept at a site for almost three years without the offer of full time employment
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by:ratb3rt
ID: 12016023
if you were working directly for a company on a temporary basis, I think the rights start to appear after a year (e.g. redundancy pay, increases of notice period), but go through an agency, and your ass is theirs....

a while ago, i got a contract at benetton f1 racing through an agency. very nice place to work, and after 2 contract renewals, they offered me a job. because of the contract id signed with the agency, (as PeteLong mentioned) i couldn't take up employment with them :-(
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by:blobajob
ID: 12016073
so if you have very little rights, what position are you in as far as handing in notice. Or if your job within the company changes from what you were originally employed to do.
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by:ratb3rt
ID: 12016141
when i was temping, and i decided that i didn't want to go in anymore, i didn't. the specific contract the agency provides usually specifies the payment terms, but i was always paid for the days i worked.
of course, if this happens, the agency probably won't put you high on their list, but there are always other agencies - i think i was on the books at four different ones, at one point.
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by:ZenMasterrr
ID: 12016807
it depends on how you look at it, with the introduction of IR35 this I believe states that it is "disguised" employment, I worked at a blue chip co for nearly 7 years on a yearly contract, and know of others that had been there longer and took on as full time employees (with a hefty pay cut a might add).  The time already served as a contractor had to be taken into consideration for years of service/pensions etc.

Zen :))
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by:ZenMasterrr
ID: 12016810
needless to say its a grey area.... depending on who you talk to i.e tax office LOL
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by:_TAD_
ID: 12019824


>>the whole system is flawed, if companies took these guys on then they would pay less and the contractor would probably get paid more.


This may or may not be true.  Here in the states, businesses do not have to pay health insurance costs or give vacation pay or family leave to temp employees.  Sure it may cost an extra 10% right off the top in salary, but the overall gains from health insurance costs alone more than make up for it.
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by:Pete Long
ID: 12019995
point taken :)

>> legal rights of temporary employees in the UK

but we have the National Health Service - I work for them hurrah!
contractors dont usually get paid for time off though they are entitled to statuatory sick pay

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by:ratb3rt
ID: 12199928
turn123:  i'd think a split between myself and PeteLong would be fair....
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