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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47424
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello. Can you tell me if an operative has worked for us for

Customer Question

Hello. Can you tell me if an operative has worked for us for 2 years through an agency and then was given a full time contract 8 months ago with our company, does the agency work count as continuous employment, or can we dismiss on a short term basis? Regards Joy
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. The agency work would not count towards the employee's continuous employment for the purposes of unfair dismissal. He would have been an agency worker at the time and not an employee, so the two periods of employment would be treated separately. Therefore, if you wished to dismiss the employee now, you could do so based on the fact that they do not have 2 years' continuous service to be protected against unfair dismissal.

Ben Jones :

You would nevertheless have to pay them their contractual notice period and any accrued holidays. Also you must ensure that the dismissal has nothing to do with discriminatory reasons, such as gender, age, race, religion, disability, etc

Customer:

Hi Ben, our reason is that he is just not "gelling" with the company - he was on the agency for 2 years, no complaints and since joining us has done nothing but moan about work - nothing has changed. On Monday we had a health and safety meeting and he tried to get the lads to put their hands up to request who wanted more training - some of the others reported they felt intimidated and uncomfortable by him trying to handle their lives. So it is nothing more than this reason

Ben Jones :

ok it should not be an issue to dismiss then, just ensure he is paid everything he is due under contract and follow any formal dismissal procedure that may be in place

Customer:

Thank you Ben - I will bookmark you. Worth every penny!!!!! Cheers Joy

Ben Jones :

You are most welcome, all the best

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

thank you

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