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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44924
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been employed as a temporary months I was offered

Customer Question

I have been employed as a temporary for 29 months I was offered a permanent position on June 17th nothing is forthcoming in way of a contract being signed, I have had difficulties since December with a colleague since December due to her work ethic and skill, I brought this to the attention of my boss back then and have continued to complain about her ineptness etc. they were aware of this in June but now it seems they are using this to avoid me signing a contract and giving me a permanent position, they are saying basically that if we do not get on or resolve the situation then they will go down a more formal route. I was the one that made the complaint against her in the first place but now she is playing dirty and making counter accusations against me, where do I stand?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. You say you were employed as a temporary but were you working through an agency so basically were an agency worker, or were you employed directly by the company?
Customer: replied 1 year ago.

I started through an agency then joined the company bank where I am a flexi worker but it has been continuous employment doing the same role and I was verbally told they were taking me on permanently

Expert:  Ben Jones replied 1 year ago.
So ignoring the time you worked as an agency worker, how long have you been employed for directly by the company?
Customer: replied 1 year ago.

my contract as a flexi worker started Feb last year but I did not start physically doing a shift for them until April last year as they didn't start adding my shifts until then if that makes sense altogether 29 months in all. 1 year under Tate agency the rest for the company on their bank but was offered but wad offfull time contract June

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.

19 months

Customer: replied 1 year ago.

I require an answer and have not received a reply it is 19 months

Expert:  Ben Jones replied 1 year ago.
If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. The time as a agency worker would not count and only the 19 months where you were employed by the company will be relevant so you would not have 2 years yet. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you 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 you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).
So they do not have to go through with the permanent employment and if they believe that there are issues with employing you they can very easily (and legally) refuse to take you on. The fact that someone else is playing dirty or making counter accusations would not give you any additional rights.
So this is something which you need to resolve directly with that person and the employer. If that is not possible then you do not have any rights to force them to take you on permanently and they could terminate your employment without much difficulty. So bear this in mind when you try and resolve this.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 1 year ago.

I have been told that if you have been in a position continuously doing the same job for 2 1/2 years this is a vacancy and by law should be offered a contract permanently.

Expert:  Ben Jones replied 1 year ago.
I am afraid that is not correct the only similar law is in relation to fixed term contracts where someone working on successive fixed term contracts becomes permanent after 4 years.
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Customer: replied 1 year ago.

but I was verbally offered a job on 17th June surely they can't just take it back, if I had already signed a contract, then they couldn't just revoke it could they?

Expert:  Ben Jones replied 1 year ago.
They certainly can, the fact that there was an offer and a contract does not mean they can't then revoke it. The contract may have had a specific notice for termination, if that is the case they should give you the notice in there and can terminate your contract once that notice is up. If no contractual notice period existed they can just give you a week';s notice and still terminate your contract. The important thing is that with less than 2 years' service you cannot challenge this or the reasons behind it. Does this clarify things a bit more for you?
Customer: replied 1 year ago.

last question! is a verbal agreement not legal binding?

Expert:  Ben Jones replied 1 year ago.
Yes it certainly can be but it does not overrule the other rights the employer has in terms of terminating this verbal contract
Customer: replied 1 year ago.

please say that so I can understand what rights for example

Expert:  Ben Jones replied 1 year ago.
I mentioned these above - with less than 2 years' service they can terminate your employment (and the verbal contract you had) simply by giving you a week's notice.
Customer: replied 1 year ago.

after 16 weeks I thought ur rights changed and u had to be paid the same as your colleagues that goes for any temp worker

Expert:  Ben Jones replied 1 year ago.
Are you an agency worker at present?
Customer: replied 1 year ago.

THIS SEEMS TO BE GOING ROUND IN CIRCLES,I was working for an outside agency now I work on the bank for the company I work for and am considered a flexi worker but have been doing the same job for 2 1/2 years, when I was with the outside agency, after, I think, 18 weeks or whatever the law states, my status changed so that I have to be brought in line with what my colleagues were earning so my money went up and so did my holiday accrual, even though, yes I left the outside agency and then from Feb 2014 I then went on my now employer's books it has been continuous same role. My contract as a flexi worker says no notice is required but by law I believe after you have been working there a while, which I have, I am entitled to more notice than that and my rights changed, is your speciality in employment law?

Expert:  Ben Jones replied 1 year ago.
It is not going round in circles I need to establish exactly what your position is before I can give you any advice. And yes I do specialise in employment law.
What I don’t think you understand is that your rights as an agency worker, which you currently are, would be limited and you cannot force the employer to give you a permanent contract. There would be rights in terms of getting the same pay and certain other benefits but that is not the same as having a permanent contract. So if there is a dispute between you and another employee then the employer could decide that the best way to resolve this is to remove you from the job. They are perfectly entitled to do that without having to justify why and all they would be required is to give you a week’s notice, even if the contract says no notice. So this is what I have been trying to explain – there is no obligation on them to offer you permanent employment even if they bring your pay in line with permanent employees.

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