Would you take this further

[Mumof3and1granbaby]

Sorry for long post but need some advice. I recently lost my job after and when looking into taking the company to tribunal for unfair dismissal found out that i was unable to do this.
I was on ESA for several years and in 2015 i was sent on a work programme scheme via the jobcentre to help me get back into work. After a few months of attending the work programme i was asked if i would be interested in applying for a part time tempory position with their company, they had 8 positiins available. I agreed to this as wanted to get back into work so applied for the role and was offered the position along with several other people on the work programme. We was all offered the role via their own agency and signed agency contracts. I Got on great with my role and progressed quite well and had great feedback but unfortunatly knew it was only a 3 month contract so was looking for other roles for when the contract ended. During this time i found a role that was with a different part of the same parent company which was permament. I applied for this and gor the job, my temporary contract was due to finish the week before my new job started but they extended for a week so i would not be without money for the week between. Started the new role was great and was promoted during my 21 months there however due to an incident lost my job. I disagreed with this and went to to speak to ACAS about unfair dismissal. As i believed i had been employed by the same parent company for 2 years. During the investigations it was revealed that the first role had not been with the company but was an agency. This is where i need the advice. I was on a work place programme through the DWP. I was offered a job with the job scheme programme and signed the contract with there name on as working as an agency. However no where in the contract was the name of the company i would be working for ( which was the job scheme company). I believe that this was now done for them to go back to the DWP to say that they had got me back into work and caim

Pressed submit too soon.
Claim the bonus for getting someone into work and off the jobcentre books. So technically defrauding the DWP. And also resulting in me not having a 2 year continus employment and not been able to take to tribunal for unfair dismissal.

I’m not sure I understand. You signed a contract with an agency (therefore knew you were employed by the agency) and were placed at a company by that agency, and after that, obtained a job directly with the company.

Who do you think has defrauded the DWP and why do you think this has impacted your continuous service?

You say the contract with the agency didn’t name the company you’d be working at, but that’s perfectly normal- you were employed by the agency and an agency contract doesn’t normally specify which client of the agency you’ll be working at.

Why did you believe you were employed directly by the company itself, if you signed a contract with an agency which didn’t even specify that company?

I didnt know it was an agency till we looked into the unfair dismissal. The company i was working for was the company who the jobcentre send client to to get help into work by doing course and cv workshops. I was led to believe i was working for this company from the beginning not an agency. The compnay is defrauding the DWP by saying they got people jobs when they are getting them to work for them and then claiming the bonus.

”I was led to believe i was working for this company from the beginning not an agency.”

But you said in your OP that you signed a contract with an agency which didn’t even mention the company? That sounds as though it was made very clear to you I’m afraid. You will be assumed to have read and understood a contract you signed.

”The compnay is defrauding the DWP by saying they got people jobs when they are getting them to work for them and then claiming the bonus.”

Are you referring to the agency or the end employer? Either way, I’ve got no idea what the terms and conditions are for companies to receive bonuses from the DWP, so I’ve no idea whether any fraud is involved. I suspect doing it this way is probably within the rules, but again it won’t affect your continuous employment.

I can see what you’re getting at but you are focusing on the wrong thing here. What ACAS will have said to you is that an employer can dismiss you for any reason - or even with no reason - if you’ve been there less than 24 months.
However. You said you were dismissed ‘after an incident’. That’s the query. Let me know what it is and I will try and advise. If there was any discrimination because of a protected characteristic then the 24 months doesn’t apply.

Sorry will clairify i was offered the role with the job scheme company and signed a contract with them upon further investigation it turns out they was doing it as an agency. I cant say the company name as dont want to reveal anything. I think i will just leave the thread as there is alot more to this but if i go into more detail the company will come to light.

Sunnytikka - it doesnt matter not going to bother taking any further. Just going to accept the company has been unherhand and nothing i can do.

Except they might not have been underhand you worked there 21 months and even got promoted. Then there was an ‘incident’ after which you ‘lost your job’. It rather sounds like it wasn’t unfair dismissal and you might have gone even if you’d been there years?