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in connection with an application for flexible working; for a reason connected with rights under the Working Time Regulations; and / or. Claims for most types of automatically unfair dismissal can be made without two years’ service including where a dismissal is: Dismissals in connection with spent convictions and TUPE can also be automatically unfair but require the two years’ qualifying service. Remember that for discrimination and whistleblowing claims, unlike with unfair dismissal claims (where the compensatory award is capped at the lesser of 52 weeks’ gross pay or £88,519 (at the time of writing), compensation is uncapped. Christie Gross has been writing since 1998. Even where an employer is confident in their decision to dismiss, it is still worth meeting with the employee to discuss the situation. You might have worker or employee status, depending on the work you do, your contract and the way you get paid. As an agency worker, you have certain rights when using temp, recruitment agencies or employment agencies to find work - pay, holidays, equal treatment, fees Your rights as an agency worker - GOV.UK Companies can prevent a temporary worker from becoming a common-law employee by negotiating a contract with the worker at the time of hire. Did you get the information you need from this page? Employee Rights Center: Part Time and Temporary Employees. Your 'employment status' is your legal status at work. For example, dismissal for reasons connected with pregnancy or maternity would be automatically unfair and would also be discriminatory. Last updated: An employer would be well advised to hold back on communicating any dismissal until after hearing what the employee says in response, especially if the dismissal is prompted by poor performance (for which there may be underlying causes). It is however vital that employers realise there are still claims that can be made in that first two year period. We cannot respond to questions sent through this form. you might be entitled to certain rights, including notice pay and redundancy pay (if you have 2 years continuous service.) Temporary employees cannot work for a company indefinitely: A temporary worker on assignment with the same company for two or more years can become a common-law employee. The staffing service is responsible for paying temporary workers, not the company. As a temporary agency worker you’re entitled to: Gross has a Bachelor of Arts in English and political science, as well as a Master of Public Administration from the University of Delaware. If you have a question about your individual circumstances, call our helpline on 0300 123 1190. Since temporary employees cost companies less to employ, there are now laws in place to prevent employment abuse. Your employment status is important as it affects your legal rights and what you’re entitled to. August 15, 2019. On 1st October 2011, the government introduced the Agency Workers Regulations which gives ‘agency workers’ the right to equal treatment (with permanent staff working at the same organisation). A Summary of Agency Worker Rights. An employer who responds to a whistleblower by dismissing them, or even just treating them detrimentally, could all too easily find themselves on the wrong end of a whistleblowing claim irrespective of the whistleblower’s length of service. There are 3 main types of employment status under the law: Both employers and the people doing work for them need to know their rights and responsibilities, so it’s important to be sure of employment status.

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