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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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GA-RP Hi,I was temping at a company for 2 years and was then

Resolved Question:

Hi,
I was temping at a company for 2 years and was then offered my job on a permanent basis. I was offered it first verbally and the offer was followed up with an email, and I accepted. My question is, does this mean having been offered & accepting my job do I have a contract in the eyes of the law? Also if the company had changed their mind about taking me on permanently should I have been told and within what time scale?
Thank you and I look forward to hearing from you soon.
Kind regards
TJB
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Thanks for your question.

tdlawyer :

My name is***** can answer this.

tdlawyer :

Yes, you would have a contract after an offer is accepted.

tdlawyer :

If they try and prevent you from continuing to work with them, i.e. dismiss you, then you may very well have a claim for unfair dismissal against them; this does depend on why you're being dismissed and whether they followed an appropriate and reasonable procedure in doing so.

Customer:

Hi Tony,

tdlawyer :

Hello!

Customer:

i am not being dismissed but being made redundant but because (by their own admission, a catalogue of errors was made by 3 managers) they are saying that I am not due redundancy because I am still being paid by the agency. When I was offered my job I was at home recovering from an operation and when I returned to work I was told that "they wanted to monitor my recovery" but that my permanent status was on going - nothing happened and now I am being made redundant but not due anything. Story is a bit complicated.

tdlawyer :

But what you're saying is that they had already agreed to take you on and your employment was transferred effectively to them directly?

tdlawyer :

I'm going to opt out and ask Ben, one of the expers on this site, to assist you because he has more experience of this particular type of situation than I do. Bear with me and I'll send him a message. The site will email you when Ben responds.

Customer:

thanks, ***** ***** wait to hear from Ben

Customer:

HI,

Customer:

Is Ben there please as per message????

Customer:

Any chance I can be helped please?? If not that is fine I will just request a refund

Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Can I just check - before you were taken on permanently, or at least offered the job on a permanent basis, were you working through an agency?
Customer: replied 2 years ago.

Hi Ben,

My story is somewhat complicated but I will try and explain as clearly/briefly as I can.

I was placed in my current job 4.5 years ago through an agency in July 2010 on a temp/perm basis, as a credit controller working 37.5 hours per week.

I am still being paid by the agency and therefore do understand that I am not a permanent member of staff.

However my issue with this situation is that in October 2012 I was offered my job on a permanent basis. The job offer came direct from the company and not the agency. I accepted the job and have the emails with my job offer and acceptance. However at the time I received my job offer I was at home recovering from an operation and the company was aware I had to go into hospital and kept my job open for me for when I returned back to work which I did on 1st November. When I returned to work I asked how my permanent status was progressing I was told that the company wanted to monitor my recovery but it was going through. I continued to ask after my status for a few weeks to be continuously told it was going through.

In April 2014 we were told were going to be made redundant and I asked HR where this left me in terms of being entitled to redundancy and they advised that I wasn't due anything because I am a temp. I told them about my job offer and acceptance and explained that the last I heard was that the company wanted to monitor my recovery and that every time I had asked about my job I had been told it was on going and that at no time had I been told any different to this. I was then told (and I will try to explain briefly) that the company had made a catalogue of errors where I was concerned and that I had just kept slipping under the radar

and that there had been a breakdown in communication between 3 managers & HR. I asked if what was being said, was that due to their errors I was not due anything in terms of redundancy and this was confirmed. So I think it has been established that I am not due redundancy but my issue is that (any by their own admission) the company made the errors which has prevented me from being entitled to redundancy. My question is, do I have any type of case against them?

Thank you and I look forward to hearing from you.

Kind regards

Tracy

Expert:  russell-cssm replied 2 years ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.co.uk/law/8ty16-hi-i-temping-company-years.html). Thank you, ***** ***** Customer Support Team.
Expert:  Ben Jones replied 2 years ago.
Hi Tracy, sorry I have not been online the last couple of days due to the Christmas break. Going back to your query, your entitlement to redundancy will depend on your continuous service as an employee with the employer. This would not include your time as a temp, when you were working through an agency, because you would have been an agency worker, not an employee. So you can only count time as an employee when determining your entitlement to redundancy and to qualify you would require at least 2 years’ of such continuous service.
So looking at the timing of events in your case, you were an agency worker until around October 2012, when it is assumed you accepted a permanent position. Even if that had gone through, you were being made redundant in Aril 2014. That is only 18 months of continuous employment as an employee so even if you were made a permanent employee at the time you would not have had the required service to be entitled to any redundancy pay.
Another issue is whether you were only advised in April that redundancies were possible but they did not actually go through until a later date by which time you would have accrued the required 2 years’ service. If that was the case, i.e. the redundancies took place after October 2014, then you could argue that based on the contract that was offered to you and which you accepted, you would have had the required 2 years’ service.
If you were offered a contract and you accepted it, then a legally binding agreement would have been in place. If you were always advised that this as still effective and not withdrawn then you can assume that it was still valid and that the employer’s negligence has resulted in these losses, which you can actually consider pursuing them for. It would be either a breach of contract or a negligence claim but it is certainly a possibility you can explore, however it would all depend on whether you actually would have had the required 2 years’ service at the time of the redundancies.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Hello Ben and thank you for your reply which is much appreciated and I now respond as follows:-

I was offered my job and I accepted it, first verbally in June 2012 and then by email in October 2012.

At no point from October 2012 through to being advised of the redundancies in April 2014 was I informed that the job offer had been withdrawn. When I returned to work on 1st November 2012 I was simply advised that "they wanted to monitor my recovery having been in hospital for a mastectomy due to breast cancer.

Concerning the required 2 years service. The Company came up with their own redundancy package being 3 months salary plus 2 weeks tax free for every year with the company.

An example of this is a colleague of mine who was with the company for 1 year on a fixed contract got this package.

In the 4.5 years I was working for the Company I was not offered a 1 year fixed contract even though I was advised by HR that "they do not employ temps for any longer than on a 1 year fixed contract". When I asked why I had never been offered a 1 year fixed contract throughout the 4.5 years I was advised that this makes up part of the catalogue of errors made by the Company.

Your comments on this would be much appreciated.

Thank you and kind regards

Tracey

Expert:  Ben Jones replied 2 years ago.
You could certainly argue that by accepting the job verbally in June 2012 you were in a binding contractual agreement with the employer and as they had not communicated any withdrawal of their offer or made other attempts to try and cancel the contract, it continued to exist. You would have therefore been employed as an employee from that point onwards. You would also need to show that the enhanced redundancy terms you mentioned were part of your contract, or that the company paid it to all of its employees and it was an accepted custom in that company. In those circumstances you would have a potential claim against them.
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? Thanks
Customer: replied 2 years ago.

Hi Ben and thank you for your reply.

In your opinion, do you consider I have a case and if so based on what?

Also if I want to pursue this matter where do I go from here?

Thank you ben and I look forward to hearing from you soon.

Kind regards

Tracy

Expert:  Ben Jones replied 2 years ago.
I cannot say how strong a case you have because I only have limited information and also it would depend on what defence the employer can provide to your claims. But you do have a potential claim based on the statement in my last response above. To take this further you can issue a claim online via www.moneyclaim.gov.uk
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46760
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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