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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44925
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon. Any chance I could talk to someone on phone.

Customer Question

Good afternoon. Any chance I could talk to someone on phone. The issue I have needs some explaining
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. I have seen your other question:

I work with an Agency as a Health Care Assistant and was told a couple of minutes ago that they can no longer give me work in St Andrews Northampton where I have been working on and of since 2004. The reason I am being given by the Agency is that I worked in a ward on the 6th and the staff I worked with says I was rude to them which is untrue. I feel that they are spoiing my name and would want this issue resolved by being told exactly what it is that I did. I feel victimized. How can I get a solicitors help.

Can you please tell me if you have been told who specifically made these comments about you?

Ben Jones :

Hi, first of all it is important to make you aware that as an agency worker your employment right can be somewhat limited because you are never guaranteed any work and the agency can stop providing you with work at any time and without any reason. So even I the reasons for removing you from a place of work are incorrect or false, the agency will not be doing anything wrong from a legal perspective if they stopped you from working there – they are perfectly entitled to do so, even if you have done nothing wrong.

So you cannot pursue the agency for what they have done and your only rights will be against the people you believe have made the false rumours. What they have done can amount to defamation but unfortunately that is a very complex ting to pursue and it will be very expensive too you are looking at over £10,000 just to make a claim and there will be risks you may win nothing so it is not recommended you actually go ahead with such a claim.

Another issue is that the agency does not have to tell you who made the comments – as mentioned they are free to stop your work at any time and without any explanation, or even if it is based on lies – you are not an employee and not guaranteed work, you are an agency worker and are only expected to work whenever the agency offers you work. If they want to they can stop offering you work at any time, which they have done here but they do not have to explain themselves or provide details as to why they have done so.

You can try and push them for answers and to try and get more details from them but if they refuse then legally your hands will be tied because you cannot force them to disclose such information nor can you force them to return you to work at that location. So pursue this internally through any formal complaints procedures the agency has but be prepared that you may not get the result you are after due to the issues explained above.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

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