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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70842
Experience:  Qualified Employment Solicitor
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I've been working for an agency for 9 months this year &

Customer Question

Hello, i've been working for an agency for 9 months this year & have been recently sacked for the 3rd time! This job was supposed to be 'temp to perm'. I have been given no explanation neither has the agency. I have put in a formal complaint to the company about the Manager as he spoke to me like dirt, bullying & victimisation. The agency have asked if i'm taking him to the tribunal. My question is - can i do this? I know full well i'm not the only person to put in a formal complaint. Thanks very much
JA: Have you discussed this victimisation issue with a manager or HR? Or with a lawyer?
Customer: I have made a formal complaint to the company in writing, its been to HR & is now going to the Regional Manager. I haven't discussed this victimisation issue with anyone as yet
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Agency worker only. Don't belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No i don't think so
Submitted: 10 days ago.
Category: Employment Law
Expert:  Ben Jones replied 10 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 10 days ago.

Hi there. Please explain the circumstances that led to your dismissal in some more detail, and what would you ideally be hoping to achieve given the situation?

Customer: replied 10 days ago.
Hi Ben, I have no idea what led to my latest dismissal & neither do the agency who i was working for! I would like some assurance that no one else has to put up with this chaps bad attitude & bullying
Customer: replied 10 days ago.
Typing is fine for now, thank you
Expert:  Ben Jones replied 10 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 10 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

As an agency worker, your rights will be somewhat limited in respect of claiming against a dismissal.

The main issue in the circumstances is the fact that you will not have legal protection against unfair dismissal. This basically means that your company you are assigned to can dismiss you for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. They can proceed with a dismissal even if you had done nothing wrong and also without following any specific fair procedure or proving that any of the allegations are true. That is the main benefit of using agency workers – they are easily dispensable.

As mentioned, there are some exceptions to this, in which case you may be able to claim. These include situations where the dismissal was wholly, or partly, due to:

- Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

- Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

- Raising concerns about health and safety or other unlawful acts by the employer and being penalised as a result by being dismissed

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it and you won’t be able to make an Employment Tribunal claim.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 9 days ago.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.