Agency staff/contractor and Redundancy

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    BotheredMaggie BotheredMaggie is offline Junior Member
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    Default Agency staff/contractor and Redundancy

    I am new to this site so pls bear with me.
    Don’t know if anyone can help. I am an agency staff working for a local authority. I started in August 2007 through a recruitment agency but that placement finished on 7th Nov 2007.

    I was asked back to another section within the same department 2 weeks later and have been here since then (Nov 2007). Which means I have been in the same role for 2 years and 7 months. In October 2008, I started getting paid through a limited company (registered to me – so didn’t get any holiday pay, did my own tax and NI) but still through the same recruitment agency. I still submit timesheets as before, authorised by my manager to my recruitment agency and still get a weekly payslip from them. So basically, everything has been the same for nearly 3 years, I do the same work, report to the same manager who authorises any day(s) off etc and I am basically treated like the rest of the team.

    The LA is going through a restructuring and my manager has hinted that this will affect me at some point as people are being made redundant. Would I be entitled to anything from the organisation when this happens?

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    face2facehr's Avatar
    face2facehr face2facehr is offline user
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    So basically you would like to make an argument that by the nature of your relationship with your employer, you are in fact 'employed' by them, and therefore entitled to various rights?

    You might be right. Have a read Types of employment status : Directgov - Employment and Understanding your employment status : Directgov - Employment, for more about employment status. You will see in the second link there is a list of the types of things an employment tribunal will look at to decide your status, and also links to all different types of 'employment' that you can browse to work out which one genuinely applies to you.

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    arilbrks arilbrks is offline Banned
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    That's a very good piece of advice. As long as you were being paid it was good, but they cannot just lay you off one fine morning. I do think that there are a little different set of rules that would abide by you. Also, I would like to know if there was any document that you signed when the company overtook the organization and what were the condition that does apply in this case? The answer to these question would help you better to understand your stand in the proceedings.


 
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