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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44867
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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my son has worked via an agency for a company for 18 months

Customer Question

my son has worked via an agency for a company for 18 months and 2 months ago he applied for and was given a permanent position but no contract was forthcoming so he had no money for a month even though he was working his new hours.when he went and asked they told him they would pay him his new contract amount of money through the agency and his new contract would start from 1st august instead of 31st July. On Monday he was called in and he thought it was to sign his new contract but 2 people were in there and said that because the contract that they had was changing they didn't know if they could now employ him and would let him know but it was likely he would have to look for a new job. I don't think he has a leg to stand on but just need some advice please
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Are they still refusing to pay him for time already worked?

JACUSTOMER-nujwf3oy- :

no they have paid him through the agency that he previously worked for

Ben Jones :

His employment as an agency worker and as a permanent employee will be treated separately. What he is concerned with here is his rights as a permanent employee of the company and whether the company could terminate his employment like that.

If he has been continuously employed at his place of work for less than 2 years then his employment rights will be somewhat limited. This would be the case here because his permanent employment would only have been for a maximum of approximately 2 months. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period. Unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. His employer would either have to allow him to work that notice period and pay him as normal, or they will have to pay him in lieu of notice.

If he was not paid his notice period when he was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and he could make a claim in an employment tribunal to recover the pay for the notice period that he should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

Ben Jones :

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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