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Kirei

Length of service for unfair dismissal if temp

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This is a question for a friend. She has been in her job 10 months as a temp then on a 12 month contract with the company itself but she has only done 4 months of the 12 month contract. As a temp she was with an agency not direct like she is now. Can you tell me if she has got enough service to put in an unfair dismissal claim please?

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No she hasn't. She needs 12 months - at 16hours min per day


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16 hours per day? Do you mean per week?

She has worked there full time but the first 10 months were temping through an agency, then 4 months on a direct contract with the company?

So is that definitely right she won't qualify and what are the reasons? Just to be sure because I think 16 hours per day doesn't sound right

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16 hours per week, that's the current start bracket to be considered a full time employee, but it is changing soon.

 

You need to have a contract in place for 12 months, 24 months if you accept a position after 1st April 2012, to be able to consider unfair dismissal. I am unsure if the agency and direct contract would be cumulative or separate, I guess both can be argued to be correct. It would be worth speaking to ACAS or your local CAB


I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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I think that she will find that she has only been working for her current employer for 4 months as that is when she was taken on directly, I assume that the agency were paying her wages until she went direct?


If I have been of any help, please click on my star and let me know, thank you.

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Where did the 16 hours per week come from? That's incorrect, only service over 51 weeks is relevant, whether you work 12 hours or 60 hours per week.

 

She does indeed only have 4 months recognisable service.

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