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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46144
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good evening , on the 4th of june my head housekeeper asked

Resolved Question:

Good evening , on the 4th of june my head housekeeper asked me to work wednesday,thursday and friday.I replayed back to her message that is ok to work the days she request . On the 5th she send me message saying she is sorry but she need me to work difrent days ( friday ,saturday, sunday) .I replayed back saying i can't work that weekend , after this straight away my area manager called me from my head housekeeper phone.She said to me to give her fixed days from now on (the next day i let know the senior supervisor the fixed days ( wednesday,thursday and friday )and sometimes i can work weekend if they need me to . After this she said to me thay will take a decision monday ( 09.06.14) In that monday i receive a call from my job place saying the days i give are ok . I came to work on wednesday and i receive a big surprise from my head housekeeper that friday 13.06.14 is my last day . She said that she took the decision with my area manager from the company i work for , and that she will call me to let me know about this . Since that day i didn't receive any call so i decide to send message to my area manager to let her know about my situation and to say that i will call her in the day when i finish my work (friday) . All this happend because i have my doughter who is 1 year old andi couldn't accept to work two weekends in a row because the nursery doesn't open in the weekends and my husband works in a hotel as well . We was trying to work one weekend - one weekend , like this to stay with the baby .Because of the hotel business is difficult to have 2 weeks off in a row . Please if you can give me any advice ! thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for? Please note that due to the late time I am going offline now but will respond in the morning. Thanks
JACUSTOMER-b1vwu10c- :

with this hotel i work since 1 year , with the agency since 4 years ( the agency is my employer).

Customer:

good morning , i will answer to any other questions you need later on , after 5 i will have access to the computer .I am working until 4:30 today . (my last day).Thank you ! Coralia

Ben Jones :

Thanks for getting back to me. So to clarify – you are an agency worker and you are placed working in a hotel through the agency. The hotel wanted you to work specific days but have now decided that they no longer require your services. You are still employed by the agency though and they will now try and find you a new placement to work in – is all of this correct?

Customer: until now i didn't receive any call from the agency about a new placement in to a diferent hotel.
Customer: i will have to call the agency if i don't hear nothing from them !
Ben Jones :

Thanks. Your rights in this situation will be a bit limited unfortunately. As an agency worker your employment with the employer where you are placed would not be guaranteed. Employers use agency staff because of the flexibility they offer – they can take them in as and when they need them and they can also remove them from work as and when they want, with minimal notice. As an agency worker you are just support staff – you are placed with an end user whenever they need you but there is no guarantee that you would be able to continue with them for any minimum period of time and your employment could end at any time. It is one of the risks of being an agency worker – you will have no protection from removal from the end user client where you have been sent to work by the agency.


 


You would still be an employee of the agency most likely and will have rights in that respect but this would depend on what agreement you had with them. If you have been removed by this client, the agency may still be expected to find you work elsewhere but again there may not be a guarantee that they will do so – it does depend entirely on the contract you had with them and whether they could guarantee you any work or if they are just expected to make reasonable attempts to find you work without any guarantees.


 


So the issue here is not whether you could challenge the client’s decision to remove you from working with them, but what happens next and whether the agency has a duty to find you new work.

Ben Jones :

Hope this clarifies your position?

Customer:

hello,i am sorry to replay late ,i didn't have internet connection .What tipe of contract i need to have with them to be sure that their obligation is to find another job for me ? I remember when i was in maternity live it happend something similar .My area manager took me out from the hotel i was working because of the risk of loosing the pregnancy.After i left that hotel i 've been home for few days until they found another job in to another hotel . ( the days i was home they did payed me ).They said that their responsability is to pay every single day i will stay home until they will find me job.

Ben Jones :

Hello again, you would need to have a permanent contract with the employer, not be an agency worker who works through an agency. This is not the same as when you were pregnant though – your rights then would have been different, you would have had different rights due to pregnancy and discrimination legislation, but these are not the same as when the company may simply not want to have you working for them anymore.

Ben Jones :

Hope this clarifies things a bit further for you?

Customer:

Yes, now they do .Thank you very much for your advice !

Ben Jones :

you are most welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46144
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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