Thanks for your question.
My name is***** can answer this.
Yes, you would have a contract after an offer is accepted.
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.
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.
But what you're saying is that they had already agreed to take you on and your employment was transferred effectively to them directly?
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.
thanks, ***** ***** wait to hear from Ben
Is Ben there please as per message????
Any chance I can be helped please?? If not that is fine I will just request a refund
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.
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
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.