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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Has your employment with them actually terminated or are you still employed by them?
I had work through City Centre after I complained about the way I was being treated at Watson's but haven't any work at all at present.
So when you worked for them were you employed by them or were you an agency worker, or self employed? Also when did you leave their employment?
I was working for the agency. I didn't work at Watson's after 2nd April. City Centre Recruitment found alternative work for me last week for me last week but haven't got anything for me at present.
Hello, due to you being an agency worker, rather than an employee, your rights will be somewhat limited, however you would still have some rights and I will explain these below.
First of all, as an agency worker you have no guarantee to any work – you are employed on an ‘as needed’ basis and do not enjoy the same privileges as a permanent employee. So the fact that you are not able to work at a particular employer will not in itself give you the right to do anything about this because you simply are not guaranteed work if you are working as an agency worker – you only get whatever is available at the time and there is no obligation in a company taking you on, even if they have vacancies.
Saying that, if you can show that you are disabled and that you are being prevented from working for a company due to your disability.
In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:
If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place).
Before considering such a claim you should contact the agency and/or employer and remind them of your rights and the potential consequences of not meeting those.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
Thank you very much.
you are most welcome, all the best
The thing is, the agency are still advertising for people to do the work that I was doing for Watson's but are not giving me any work this week.
again that is the issue with being an agency worker - there is no obligation for a company to offer you work and they can be selective over who they ask to work for them - you imply have no guaranteed work as an agency worker and there could be plenty of vacancies with an employer but they can still refuse to choose you as the person they employ do to that work. So the law only gives you protection if you can show that you had a disability and that the reason they did not want to employ you was based on that disability
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks
That's fine, thanks. I will have to evaluate the situation.
you are welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you