How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47413
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have been working firm doing the same job under an

Resolved Question:

I have been working for a firm doing the same job under an agency for 10 years. A year and a half ago they advised me to go Ltd company and now they have given me 1 weeks notice to leave. Do I have any rights?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Does your contract state what your notice on termination is?
Customer: replied 1 year ago.
Just looking
Customer: replied 1 year ago.
It's an agency worker agreement for supply of sub-contractor services
Customer: replied 1 year ago.
It says assignment duration finish date ongoing
Customer: replied 1 year ago.
It also says contract termination period 5 days
Customer: replied 1 year ago.
But do I not have any rights because I have worked in the same job for 10 years
Customer: replied 1 year ago.
The contract isn't signed by me?
Customer: replied 1 year ago.
The man in the company has also left who signed the contract
Expert:  Ben Jones replied 1 year ago.
You only have rights against dismissal if you have continues service as an employee. Neither agency workers, nor the self employed are employees. So if you are not an employee you have no protection against unfair dismissal. This means that the employer can dismiss you at any time and for more or less any reason. In the case of self employed workers like you, all that is required is that they pay you any termination notice you are entitled to under contact. Your service history with them does not matter unfortunately. As there is no unfair dismissal protection they can just rely on the contractual termination clause, which in this case is 5 days. The fact that the contract is not signed by you does not change your rights to be honest. You still do not have the protection you are after. The only thing is that there will be no specific notice period for termination and instead ‘a reasonable notice period’ will be implied, which could be the same or slightly different to the one you already have in place. 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.
Thank you could I ask would I have been any better off not going led company and staying with the agency being paid directly?
Expert:  Ben Jones replied 1 year ago.
If you were an agency worker the rights are the same in a sense that you are not protected against unfair dismissal. Only if you were employed directly by the company would these rights have applied. Hope this clarifies?
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes thank you
Expert:  Ben Jones replied 1 year ago.
You are welcome all the best

Related Employment Law Questions