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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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i worked as a driver working at XXXXX XXXXX through an agency

Customer Question

i worked as a driver working at XXXXX XXXXX through an agency i had been given a route 0f 7 deliveries starting at 2p and had finished by 7.53pm working time observed my break was now due the partner i was working with wanted to finish his shift and speak to a manager so at his requested i went to debrief with him as he could not debrief whitout me the two of us needing to being present, as driver i was there to hand over the keys to the vehicle i had driven and as porter he had to complete his paperwork a female partner and manager asked me what i was doing informed her i had not had a break and was on break which had i had not completed i was told to go to break which i did taking the 15 minutes required to complete my half hour break when i returned i was told to report to the warehouse the usually we are released when we finish our shifts i did as i was bid and worked on the bank when i was paged and asked to return to debrief i was the told to take a lorry which was left on the bank to the waste ramp to be emptied i did this and by law i had to replace my tacho card in it asks for details so i input my break and the time worked on the ramp and thought no more of it, the next day did my shift went home for the weekend, but when i returned to work on tuesday i was brought into the office of the temp manager and had to wait till all temps had been clocked in about an hour then to be told that i was being sent home for falsifying my tacho entry as an agency worker i can do nothing i feel put out that i cannot defend or protect myself even when i know i have done nothing to warrant being i feel picked on by this person is there anything i can do ?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. Whilst I entirely sympathise with your situation, as an agency worker your rights here are extremely limited. You have no guarantee of a job and if the client feels they no long want you working for their company they can terminate your assignment quite easily. The agency's hands will be tied - they will have to follow the client's instructions so they cannot forcefully allow you to return. It is the client that has the last word here. Whilst the reasons for your removal may appear unfair, as long as it was not linked to discrimination, which I cannot see any evidence of, you will have few rights to challenge it and cannot force the client to take you back. I am afraid these are the pitfalls of agency work, you can have a job one day and nothing the next, that is why employers often pay extra money to have agency workers so that they have this flexibility if they need it
Ben Jones : Did you receive my reply, do you need me to clarify anything for you?
JACUSTOMER-jwudy0pd- :

yes i just a little put out that i can be treated so with out any way to defend my integrity it's not right plus now ive paid out even more money i connot afford it feels bad and i wonder if there is any point to work if this is all that i get ?

Ben Jones : A bad experience in one job should not put you off from continuing to seek work elsewhere. You need to be mindful that as an agency worker you will never have a guaranteed job and the uncertainty will always hang over you so if possible you need to find permanent work that will give you some extra rights
Ben Jones : In the meantime you can always fill in gaps with other agency work, if this specific agency has nothing available then you can always go to another
Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Expert:  Nicola-mod replied 4 years ago.

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