Agency Staff and the TA

[charliepappa]

Have two questions;

What are the legal rights with regards to Agency staff on assignment (long term rolling contract) and Territorial Commitment (19 days minimum)?

and;

If deployed, what is the legal rights upon demobilisation with regards to working post tour?

When I was deployed previously I was in full time permanant employment, and legally they had to keep my job open for me to return to, however being an agency worker now just wondering what if any rights I may have.

Has anyone come across this before?

Cheers

 

[msr]

1) Not sure what you mean, but I suspect none.

2) I suspect none at all.

There is a reason why people use agency staff.

msr

 

[STILTS]

You are a TEMPORARY worker not a PERMANENT worker ! Simples



Stilts

 

[charliepappa]

Sorry is this the "I dont have a constructive answer so lets make any comment instead?" thread.

I know I am a "TEMPORARY" worker and not a "PERMANENT" worker (not sure why you needed to emphasise these) but having worked for the same company for 18 years during my previous TA service and now being employed on a rolling contract, I wanted to know if anyone else had encountered this before.

As I have a contract, and am not just working/living in some sweat shop I wanted to know where the legal land lay.

The TA being drawn from such diverse backgrounds I was actually looking for someone with experience of this either from an employers/recruitment consultants/employee background.

Given that Im looking to do another tour and not sit on my arse down the NAAFI I obviously need to know where I stand following demobilisation given that I will still have family commitments, mortgage, bills etc.

Therefore constructive answers and not deconstructive criticism is needed.

 

[msr]

Wind your neck in.

If you want qualified legal advice, go and pay for it.

msr

 

[charliepappa]

Yeah thanks!

 

[CC_TA]

Sorry is this the "I dont have a constructive answer so lets make any comment instead?" thread.

I know I am a "TEMPORARY" worker and not a "PERMANENT" worker (not sure why you needed to emphasise these) but having worked for the same company for 18 years during my previous TA service and now being employed on a rolling contract, I wanted to know if anyone else had encountered this before.

As I have a contract, and am not just working/living in some sweat shop I wanted to know where the legal land lay.

The TA being drawn from such diverse backgrounds I was actually looking for someone with experience of this either from an employers/recruitment consultants/employee background.

Given that Im looking to do another tour and not sit on my arse down the NAAFI I obviously need to know where I stand following demobilisation given that I will still have family commitments, mortgage, bills etc.

Therefore constructive answers and not deconstructive criticism is needed.

I was working for an agency when I was mobilised for H9 - I wasn't sacked whilst on tour I received a letter say;

"Sorry to hear you no longer want to work for us!" (P45 enclosed)

Can't really complain, they weren't picking on me for being in the TA, just one of those things. (Plus it was a wnak job.)

 

[charliepappa]

Have already contacted some of the authorities who deal with matters such as this:

Dear *****

EMPLOYMENT AGENCIES ACT 1973





Thank you for submitting details of your enquiry.



I should explain that the Employment Agency Standards (EAS) Inspectorate is responsible for enforcing the provisions of the Employment Agencies Act 1973 and associated regulations. This legislation requires employment agencies and employment businesses to abide by specified minimum standards of conduct. Further details about the legislation can be obtained from our website, http://www.berr.gov.uk/whatwedo/employment/employment-agencies/index.html



I have to inform you that matters relating to entitlement to time off work for the Territorial Army commitment of 19 days per year for agency workers are not specifically covered by the legislation that we enforce.



If you intend to pursue this matter I would recommend that you consider seeking advice from the Advisory, Conciliation and Arbitration Service (ACAS) on telephone number 08457 474747 (www.acas.org.uk) or www.direct.gov.uk.



Alternatively, you could seek independent legal advice on the matters that you have raised from your local Citizens Advice Bureau or Law Centre. The telephone numbers for these organisations can be found in your local telephone directory.



I am sorry to send what may seem a disappointing reply but I would like to thank you for bringing this matter to our attention.



Regards



********

Investigations Manager


Will share any other information I receive, given that there are 1, 389, 000 agency workers in the UK.

 

[msr]

There is no entitlement to time off for anyone.

msr

 

[charliepappa]

Thanks MSR,

I wasnt really talking entitlement, where I worked previously they had a long history of working with employees who were members of the TA, as well as your normal holiday entitlement they also allowed you a certain number of days over and above for TA service. I am aware that this is very unique however we tend to base our own judgement on our own experiences.

Never having worked for an Agency previously, and not having the experience of being in a situation of being a long term temporary contracted employee I asked the questions above seeking the experience of others who may have come across this in their own experience.

I'm also contacting other government departments in order to find a definitive answer. So my neck was already wound in and I am already seeking legal based advice. Given the number of agency staff in this country and given the current economic climate I felt that there would be others either in a similar situation who may also be wondering what may happen if they are mobilised or those who have recently returned who have encountered this upon return.

 

[msr]

Family -> Job -> TA.

I suspect whatever you get will be by negotiation with your agency and 'employer'.

And given the current economic situation, I know what I would say....

 

[freedomman]

Surely the best people to ask would be Sabre?

Also, join a Union. Free legal advice and they may well arbitrate on your behalf.

Just to reiterate MSRs' point, there's nothing to force an employer to allow you to take up any sort of Reserve Service. The Act of Parliament protecting your job only relates to compulsory mobilisation.

 

[ViVictaVis]

You have no protection.

As a temporary worker, if you are mobilised to choose to make yourself unavailable for work and thus your agency has no obligation to make allowances/pay you/keep work open.

You have certain rights under current agency legislation to be paid equally and rights to holiday etc, but none when mobilised service occurs. Remember that your agency is an intermediary, not your 'employer'.

This would not be covered under RFA, but Sabre would be the people to ask on this.

 

[Goku]

Just to reiterate MSRs' point, there's nothing to force an employer to allow you to take up any sort of Reserve Service. The Act of Parliament protecting your job only relates to compulsory mobilisation.

Not for contractors it doesn't.

 

[interestednovice]

They're using a rolling contract specifically because they don't want to be obligated to pay your wages for any term longer than the period of the contract. They are under no obligation to renew it. They've done this because they aren't legally required by your 18 years of prior employment to provide you with any further guarantees and they are probably worried about the amount of future financial obligations they carry. Anything more that you can get out of them will be by negotiation.

 

[charliepappa]

Thanks will put the feelers out at work and see if anyone else has been in a similar situation there. Thanks for all your constructive answers and suggestions, plenty to think about.