Question on behalf of my brother

[jamiesam]

Hi. My big bro has been employed through an agency for around 2 1/2 years now. What originally started out as a temporary, 9 month contract has kept being extended or renewed. Does there come a point at which you have gained some or all of the rights of a permanent employee? Or might that only be the case if you are employed direct by the company on a series of temporary contracts?

Any help/answers gratefully received.

Yes, I think it's after 2 years. Sorry I don't know the rule for sure, though, think you have to google for it.

Depends on the company policy. Its normally a year in public service (council, NHS etc) but they often slide out of their responsiblities by keeping people in six month temp contracts to avoid having to give them full rights such as paid leave etc.

Anyone else before I immerse myself in google (I may be some time!)

think he is stuck with it, companies make more money if they can get away with paying you as a temp or casual worker

There has been a change in the law a year or two ago which means that workers on temporary contracts now have the same employment rights as permananet workers once they have worked for a relatively short period of time or their contract has been renewed.

The old dodge of lots of 6 months temporary contracts no longer works and would definately not hold up in a tribunal.

Take a look at fixed term contracts concerning the PROTECTION OF EMPLOYEES (Fixed Term Work) Act 2003

Sorry, that is the Irish version. Try The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 at cipd