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Contract issue

(8 Posts)
DrHarleenFrancesQuinzel Tue 23-Jun-15 19:53:19

I am currently in a temping role with such things like getting paid weekly, having to give a weeks notice etc

When I started nearly 3 months ago I was told that they would initially give me a 3 month contract and see how things were at the end in regards to extending it etc.

My contract has the end date of "approximately 30th June". There is plenty of work and people have left and some are working their notice so there is no reason to think that I will be out of a job come July (even if I was I could cope while I looked for work) so Im not too worried about that.

This is a big company with lots of temp staff. When I asked my manager about my contract and if it could be renewed he mentioned that another temp staff was told by the agency to carry on with the one we have.

Now Im not sure if I need to push for a proper contract or another one with a new date on it (even if its another 3 months) or one that just states its an ongoing temporary position. What if Im still there by Christmas? I can hardly call December being "approximately 30th June"

Isn't it better for me and my employer to have me working under a proper contract? Or is the contract I currently have enough?

Shakey1500 Wed 24-Jun-15 11:35:41

What type of contract do you have with the agency? Could it be a derogated contract?

DragonsCanHop Wed 24-Jun-15 19:01:27

I wonder if it's more to do with fees, Do the agency or the company currently pay your wages?

DrHarleenFrancesQuinzel Wed 24-Jun-15 19:27:34

The agency pays my wages (although to be weird I do work for the parent company of the agency)

What's a derogated contract?

Shakey1500 Wed 24-Jun-15 20:59:15

Bloody complicated that's what smile

It's where you have a permanent contract with the agency, and are given an "assignment" to your place of work. So it's opposed to being with the agency and having the contract at your place of work through them.

The unfair aim is that if it's a derogated contract, then after 12 weeks you are not entitled to the same pay, bonuses, benefits (as in sick pay etc) of someone employed at your place of work (or AWR, Agency Worker's Rights). What you ARE entitled to is, should the assignment end, your employer (the agency) is entitled to pay you between assignments.

What happens in reality is that it avoids AWR and they get shot of you anyway.

Eitherway I'm not sure it relates to your situation though might be worth knowing. If it were me, I would want another contract, even if it was another approximate one. But I like to know where I stand smile

DrHarleenFrancesQuinzel Wed 24-Jun-15 21:09:29

I assume that if and when there is no work then the company I am assigned to (in this case the parent company of the agency) will just sack me, but will be able to get away with paying any redundancy pay. As far as I can tell its just a temporary contract.

Shakey1500 Wed 24-Jun-15 22:20:50

It's my understanding that on a derogated contract, the place of work can inform the agency (your employer) that the assignment has ended. So yes, in that case there would be no redundancy as such. It's then your employers duty to find you another assignment and in the meantime, pay you for the downtime (I think it's 50% of your average salary over the previous 4 weeks, inc overtime).

The derogated contract is formed from a Swedish model, though I think it has been tailored in the Uk at least, to basically get round the issue of AWR and avoid them.

I'm certainly not an expert though!

HRAdvisor Wed 24-Jun-15 22:55:31

Hello DrHarleenFrancesQuinzel,

Yes you should push for written confirmation of an extension of your contract. It need not be a whole new contract, merely a letter saying it is being extended by X time or to X date.

As such, when the 30th June comes by technicality you will dismissed from your role without the requirement for notice of either party. The reason for the dismissal will come under 'Some Other Substantial Reason (Expiration of Fixed Term Contract)'. Thus they would have no onus to provide work for you nor pay you in lieu of notice come 1st July.

However, your argument would be that as per your conversation with your line manager, it was an implied term of your contract that your end date had changed from a fixed term to a rolling period with the requirement that they give you 7 days notice, or pay in lieu of notice, if they wish to dispense of your services.

So prima facie, not much of a problem. However, it does mean that you have no real job security and ultimately, they could summarily dismiss you on the day without giving you any notice at all (or pay in lieu of notice) as I assume you are still on your probationary period and thus they do not need to follow their usual company dismissal policy/procedures.

Long story short, just ask for a letter confirming what has been agreed, otherwise you will be working on the basis that you will continue to work until the date in which you are dismissed.

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