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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10102
Experience:  30 years as a practising solicitor.
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if I have worked for a company for than 3 months do they have

Customer Question

if I have worked for a company for than 3 months do they have to take me on the books? as I have worked for them for them from the 15th November last year and I only signed a contract through an agency for 12 weeks. A friend of mine said there was a law passed not so long ago as he started a week after me and they have took hi on the books. would just like to know where I stand. thank you
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You don't have to be taken onto the books but you are entitled to the same conditions as other employees. Your friend is right that there are relatively new regulations. Here is a link to a useful leaflet explaining it all for you.

http://www.bis.gov.uk/assets/BISCore/employment-matters/docs/A/11-949-agency-workers-regulations-guidance.pdf

The regulations give agency workers the entitlement to the same or no less favourable treatment as comparable employees with respect to basic employment and working conditions, if and when they complete a qualifying period of 12 weeks in a particular job.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10102
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.


could you please tell me as i'm little baffled as to why my work colleague said he had said to the company about this law and within a week he his working full-time

Customer: replied 3 years ago.
Relist: Other.
I am happy with the answer as I say i'm just a little baffled as to why my work colleague got a full employment after mentioning this supposedly new law
Expert:  JGM replied 3 years ago.
I don't why that should be.

Did the company need an employee at that time?

Are you sure that he is now employed directly by the company?
Customer: replied 3 years ago.

yes they did because they took a joiner and 2 electricians in December and I started in November, and yes again he is now directly employed by the company as he told me this morning, that is why i'm asking this question sorry

Expert:  JGM replied 3 years ago.
I can't speculate on the particular company but there is no obligation on the company to take an agency worker onto the books.

You are entitled to be told about vacancies with in the company insofar as direct employees are.

There is no automatic entitlement to direct employment after 12 weeks..
Customer: replied 3 years ago.

thank you for your advice

Expert:  JGM replied 3 years ago.
You are welcome.

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