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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was employed by an agency for TWO years on a Network Rail

Resolved Question:

I was employed by an agency for TWO years on a Network Rail project, on a week to week basis ie different order number each week I was told in a team meeting by a Manager via his blackberry email that my order was terminated with immediate effect and sent home forthwith. As I was employed for TWO years, Do I have any employment rights under the Agency Worker Regulations 2010
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When were you dismissed?

Customer:

Nov 21st 2013

Ben Jones :

Did you have a contract that said how your employment can be terminated?

Customer:

I had a weekly order with a different number each week generated on Network Rails ordering system electronically sent to my employing agency (Coyle personnel) for blue collar track side workers method, Network Rails IRC company policy states I should have had a minimum of of one month contract with the external agency. The normal method of ending the contract should be done by Network Rail contacting my agency first and then the agency contact me.

Ben Jones :

So there was no stipulated termination notice period?

Customer:

The order number ended each Friday

Ben Jones :

ok let me get my response ready please

Ben Jones :

The Agency Workers Regulations do not actually provide you with any protection against dismissal. They only serve to provide equality between agency workers and permanent employees in terms of pay, holidays, certain benefits, etc, but when it comes to termination of your employment you will still be in a very vulnerable position as an agency worker as you will not be an employee and will not get any protection against unfair dismissal. This is one of the reasons employers will use agency workers and it is because they have great flexibility over when they are needed and they can just get them in for a specific period of time and dismiss them with minimal notice when they are no longer needed. From that perspective I am afraid you will not get any additional rights. So your employment could have been legally terminated regardless of what the Agency Regulations say, all that you can expect in the circumstances is any specific notice period you were entitled to under an agreement with the agency or the employer. In the absence of such, you could be dismissed with immediate effect if necessary, which is what appears to have happened here.

Customer:

Ok, thanks

Ben Jones :

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.

Customer:

No that clears things up, just Network Rail needs to get their house in order and use monthly contracts for white collar workers as their company policy states.

Ben Jones :

You are welcome, all the best

Customer:

As I am unemployed at present would you be willing to reduce your fee?

Ben Jones :

What would you like to pay instead?

Customer:

£20 is that ok

Ben Jones :

No problem, I will get in touch with customer services. You have already paid a deposit for the original value so it will just mean refunding the difference

Customer:

Thanks for that, will they just credit it back to my bank account?

Ben Jones :

yes visa the original method of payment

Ben Jones :

via

Customer:

I am happy to end this now if you are?

Ben Jones :

yes sure, thank you

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