constructive dismissal employmeny agency

[IS IT ME?]

Hi,
I would like some to answer a quickly for me, I have worked for this angency for some 9 months 5 months on the same contract and was going from temp to pem which the company I doing the work for is more than happy with and has near offered me a job.
NOW the problem the lady doing the agency work has now put other drivers in the company who started after me and has given me no work and will not answer the phone or answers and said she call me back which she never does.
the question is I feel there are grounds for constructive dismissal?
by the way a man was runing it contract for 3 weeks and never had a problem with him so I think its her and she up set by some thing!
any help.

[OrangePrimate]

call me cynical but it looks like the lady running the agency doesnt want to lose her commission payments! once you go perm with the employer she doesnt get paid for you and its one less temp to supply to the company.
by not giving you the work, she is still supplying the same number of temps and earning from them, and not in danger of losing one of her 'cash cows' if you will pardon the expression!!

if you were already making the moves from temp to perm, can you contact the company directly?

[IS IT ME?]

bingo, thats what ive said and yes the company are dismayed by her actions and are still willing to offer I think,
but you never know what she do now.

[sharkie]

True the agency will be receiving a payment for the temps, but almost certainly they will have in their terms and conditions, that if they introduce or supply a permanent member of staff they will get a payment based on a percentage of the employee's salary.
This is usually something like 30% of the yearly salary, and then they have a pay back sliding scale, so if that employee leaves virtually straight away they pay the fee back then this reduces over a period of months.

If the company is willing to take you on it is unlikely that they will be able to avoid paying the agency for your introduction.

[Weird Al Yankovic]

Unfortunately OP, you don't have the qualifying service to make a constructive dismissal claim although you may be able to argue wrongful dismissal but, in the circumstances, this will be difficult.

[colgate01]

Hi there,

Having worked in the contract recruitment industry for over 12 years now, I thought I would give you my honest response to your situation.

Contract recruitment agencies supplying drivers don't make a great deal of commission per contractor - the margins are very low - so it becomes a numbers game. Righty or wrongly, orangeprimate is correct in that this woman will not be interested in you because she stands to start losing commission payments because you are going permanent with this company. Sometimes the agency will get a commission payment for contractors who go permanent but this rarely happens with contractors who have been assigned for over 6 months like yourself. So I doubt the agency stands to make anything from your placement with this company and are washing their hands of you as a result. Recruitment consultants count contractor numbers - they don't see things in terms of peoples careers or aspirations.

Although you are 'employed' by the agency and assume you are being paid on a PAYE basis, I am sure there will be a clause in your contract which states something along the lines of the hours you work are subject to their client's demands or work availability etc etc.

I am sorry this is probably not the answer you would like to hear but hope it helps.