Sacked for making a complaint against bullying and harassement at work

[fifimcr]

@altobelli

 

no i dont think the agency is regulated by fsa as they dont provide financial services, however the client they take on are all regulated by FSA directly or indirectly

 

i wanted to consitute a ground of bulying and harassment at work place and victimisation by agency by not protecting me and asking me not to go formal.

 

it is right that they earn money by placing me on contract, they earned it once, i completed 14 weeks and now they can earn again well i hope they think it frm that point as i really need work

 

i shall meet a lawyer soon, on other side can i appeal teh decision? i have client (end user) agreemnet too in terms of ethics n all that crap where they agree not to discriminate bla bla nad i singed but i was discriminated ad not rreated fairly, if nothing works out u think it would be wise to write to hr of teh end user and ask them for review or whatever and include th agency in that too - i might have ground on that point...dont know

 

do update

 

sincere thanks

[altobelli]

To claim for bullying, harassment and victimisation you would have to have a case under employment law, for which you're not covered save for wages in lieu of notice.

 

You could contact the agency and ask for clarification or if there is a right of appeal, but they probably won't help and it might not be in your interests if you are looking for another job. It is probably the end user who has got you terminated, agencies tend to just do what their 'clients' tell them. You could write to HR at the end user, you have been treated unfairly and you might be lucky and get an HR person who will look into your case honestly. However, most HR staff in situations like this will just cover the backside of the person who made the initial decision, and will merely rubber-stamp what has already been decided. This is very unfair, and I might be wrong, but that is what I think will happen if you contact HR of the end-user. But you may want to write to them to ensure they know what happened so you get some measure of justice, money aside.

 

You might have a case for breach of contract due to the mediation agreement, and if there is an appeal process which wasn't followed, or if the agency/company acted in bad faith, etc., but you would need to take specialist legal advice on this. You can certainly go to court, you can raise a claim with the small claims or county court for virtually any reason, but whether you win or whether the case comes to court are different matters.

 

My advice would be find out your legal position re breach of contract, how much it would cost to make a claim and what you're likely to get, and in the meantime see if the agency can place you somewhere else.

[fifimcr]

So i met a cab adviser today and he thinks i have no case. end of story, no one cares what happened with me and how i felt, well i think i have to give up

 

Now I am thinking to write an email to this agency as i need work, i dont want to sound desperate to them and considering my mind is dead/numb can anyone please help me writing an email? Please

 

i want to tell them it wsa unfortunate that thsi happed n i want to put this asisde and start over, i know that they have a contract going in my home town and as i m returning their i want them to consider me, please advice how can i write this without sounding too desperate nad should be professional

 

I cannot bear this stress any more just want my work if not teh same porject but atleast simialr mony

[transient]

I am a contractor and feel you have learnt a valuable lesson here. One is not to rock the boat with an agency that has employed you. Granted you should not be subjected to what you were subjected to but in being a contractor you sometimes have to take the advantages with the disadvantages. I in this situation would have worked the contract and found another in this situation to move onto taking the good reference and knowing not to accept a contract at this company again. You will learn very quickly that as a contractor not to get involved with the company politics, cliques etc and just get in and do the job and get out with your money, a bit mercenary like.

[altobelli]

Have to agree with transient more or less. If you're working on a temp contract via an agency you're basically the same as a plumber or electrician who has been asked to come in and do a job. It is very unfair how you've been treated, but its difficult to do anything about it. You could write to HR at the end-user and say what happened, but its unlikely anything will come of it. You may have some case legally, but this will be time consuming and expensive to establish, and it sounds as if you want to move on. But I would make sure you get paid for your notice period. Employment law is quite unfair here and probably needs changed.

 

Going forward you should register with other agencies and with regards to the agency you're with just now, just ask them if they can place you in another job, I wouldn't go over what happened in the past with them.

[fifimcr]

Thanks everyone for your replies

 

i have sent an email to this agency again without any mention of what happened, just a professioanl email saying i want to continue professional relation and hence for the same i have noticed few contracts they are managing and mentioned the one i want them to consider me for

 

my delima is if they would really take that email forward and give the contract at new town n with new people, my practical mind says they should as they will get money by placing me but dunno what will happen

[altobelli]

Depends on the agency and the job market, but most agencies won't blacklist you if they can earn commission in my experience.

 

If you're not going to pursue the matter though, I would contact the agency as and when jobs come up, but I wouldn't mention what has happened at the other place as you may place yourself at a disadvantage if the agency has to choose between putting you or another candidate forward.

[Pusillanimous]

@ all

i found this, can someone clarify is this my siatution?

 

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_10027514

 

If you have your own company

If you have your own company or work through a limited company and use an agency then you are still protected as an agency worker. You can choose to opt-out of some of these protections but must do this before you are introduced to a hiring company by your agency. The opt-out has to be given by both the limited company contractor and the person actually doing the work (eg, if the limited company contractor engages its own workers).

In most cases you will still be covered by the Agency Worker Regulations.

An agency cannot make their work-finding services or an offer of work conditional on you opting out of your rights.

 

Does this mean you and the agency agreed to "opt out"? If not, then you might be covered under ERA re Agency Workers. The first step in any case, should be to write a formal letter of complaint to the CEO of the agency or senior partner. In your letter, request the address of the agnecy's regulatory body, if they are part of one. Take the issue to the Agency's reulatory body if you have no satisfaction. Keep an eye on the statutory time limits for brining a claim, if technically you were an employee of the agency, or other. Protection from discrimination based on personal characteristics kicks in straight away. However, you need evidence.

 

It is important to mention this in your grievance letter which aspect of the law you feel has been breached.

[fifimcr]

Hi

I m applying for another contract. The new agency asked me the reason for previous contract n I told them it was a short term contract.

 

Now as I m classed as self employed....

Do I have to name previous agency as my reference?

Can the previous agency tell the nee agency about what happened on last contract?

Any one who is a contractor please advise that being self employed can I use accountant as references?

 

Thanks

[transient]

Hi

I m applying for another contract. The new agency asked me the reason for previous contract n I told them it was a short term contract.

 

Now as I m classed as self employed....

Do I have to name previous agency as my reference?

Can the previous agency tell the nee agency about what happened on last contract?

Any one who is a contractor please advise that being self employed can I use accountant as references?

 

Thanks

 

You do not have to name your previous agency as a reference, although most agencies would like a reference from your most recent placement or employer you were placed at. I never put the agency down, I always put the company down I worked for and the fact it was a contract role. I also always use a colleague or line manager there to give a reference rather than HR as you are more likely to get one which is imperative with working with agencies and in some companies HR don't even know you exist because some depts within the corporate environment employ you through their own budget and deal with the interviews etc. HR tend to deal with the permies. Even though the references can be from ex colleagues who were at the same level as you or managed you indirectly, the agencies like the fact and put some onus on the emailed reference coming from that companies domain i.e. [email protected]. Yes the agency can tell the new agency what they want about your role and conduct as long as it is factual. As for using an accountant as a reference, well it is a bit flimsy really. They will want a reference from someone that has seen if you are capable of the work adn seen your performance and worked with you. Your accountant can only either give you a professional/character reference based on their interactions which will be few and far between at best in a professional environment also it is within his interests to give you a good reference due to ongoing business. I really suggest that when you go into a new environment that you make good contacts and friends and collagues and always go above and beyond your role. This always helps with a contract extension and always helps with references. I have had a few ****ty roles where I would not ask the line manager at that placement for a reference knowing that they would stitch you up due to something as small as a personality clash, however those companies I can still get a reference from ex colleagues due to the other relationships I had there. There is a fine line between getting involved and not getting involved in cliques and politics as I mentioned earlier, you will gradually see this. One other thing, dont worry to much about this in terms of a reference as after a couple of short contracts you will have access to quite a few references and can be selective who you provide.

[transient]

Apologies, was in paragraphs but doesnt seem to want to know however much I edit it.

[fifimcr]

Hello Transiet and all

 

I have applied to this new agency for a conatract, as i said earlier they are interested in knowing y my contract was not extecded (i told them it was a short term contarct which it wasnt but i couldnt do anything except saying that) now thsi new agency is interested in getting areference form prev agency, the previous agency told me that they will provide factual ref confirming dates of employment and teh title i worked on but wuldnt disclose teh reasons i left teh project (the old agency hasnt mentioned 'termonation' in their email instead wrote 'you left teh project')

i m very scared as i really want work n money and i m thnk if th new agency asks for 'reasons for short term contract or may be why th contract was not extended' what woudl my previous agency reply to this? is teh old agancy obligated to do so !

 

goodness i m loosing sleep over this what should i do

[Emmzzi]

They are not obligated to do so.

 

When faced with a list of questions most agencies just send back a form letter covering what you have outlined above and ignoring specifics, IME.

[fifimcr]

Thanks for reply

 

This new agency has registered me for similar contract but i think he wanted to see my reaction when he asked me that he wants a reference from previous agency i think i maintained my calm and didnt let that question change my expressions, i just want this new contract.

 

i phoned my old agency and told them that i m applying for a new contarct and i dont want what ever unfai happened on previous project to affect my new project/contract. i also told one the managers in previous agency that i have copies of the emails showing what i wanted to raise as a concern n i was discuraged and threatened not to take that issue formal. i just wante dhim to know that i can produce tehse to new agency, somewhere deep down under i know this wold not impact the new agency but dunnoi want to do everything to ensure old agency shouldnt hold this against me

[Emmzzi]

None of us are psychic so no one can reassure you 100%. you're just going to have to try and sleep the best you can!

[altobelli]

Most likely you'll get a standard reference with dates and job title, there's no benefit to the agency in providing anything other than that and potentially provoking you into making a complaint. I wouldn't contact the other agency again though, just wait and see what the reference is like, but chances are you won't have a problem.

[fifimcr]

thanks for reply.

[fifimcr]

Hello All

 

I am seeking a bit of advice in relation to my housing matter

 

I rented a place with two other people from th letting agents, the lease is on our names (all three of us). Now i have lost my job about a month or so ago and have no means to cover the rent. i am trying to find another job which is not turning out well.

 

Mine was a contract job so no in liue pay, no redundancy money etc was paid, it was plain 'we dont want you now' situation.

 

I want to get out of the lease and dont know what to do in this relation.

 

my flat mates are just being nuts and are not of much help, they want to stay in this house but want me to pay rent and dont want to give my deposit to me either.

 

I am in a lot of mental stress due to my situation and this is just making it worse.

 

I hav no recourse to public funds as i m not UK citizen so i cannot claim on benefits either, so way of getting money all together, i want to leave uk and go to my home (which is not in UK)

 

any suggestions would be most welcome.

 

many thanks

[MARTIN3030]

Thread moved here.

[mariner51]

Are you still in fixed term? How long does T have to run? Joint T or single room + communal facilities.

 

Provide T details please.

[fifimcr]

Yes I am in a fixed term tenancy, the tenancy agreement is for 12 months, its a shared tenancy between three of us, all named on contract/tenancy agreement. its for a whole house via letting agent.

 

shared tenancy on three peoples name for the whole house, 12 month term, only 2 months spent, deposit held in deposit scheme, letting agents unaware about my situation of job loss

[mariner51]

In which case you are committed to T until end of fixed term in 10 months time, UNLESS you can get LL to agree to replace you as joint T with a newbie. This newbie should pass any required checks and be acceptable to both LL and other joint Ts. LL could require you to pay re-advertising fees and other letting disbursements. You would remain jointlyliable for property, rent & T damages until replacement moves in, pref by Deed of Assignment.

A joint T cannot unilaterally terminate T during fixed term.