Manpower/reed/Hayes - my various employment woes

[steampowered]

The consultant can only go on what he was told by the employer, he doesn't have any direct knowledge of your performance

[Annie71]

I really do think that the only option is to take it like a grown up and move on.

Just a couple of questions, were all 3 jobs exactly the same, same job, same place, same hours?

 

I am sorry to say that people are not always honest and a sorry to see you go can mean sorry it took so long to get rid. I am not suggesting this is the case just that be aware.

 

Finally we come to recruitment consultants , well in my experience all they are interested in is money. They tell you to lie at interview, take a sickie to come and see . As you can tell I do not have much faith in them at all.

[Purpleflowers 2]

I want to make an official complaint re: the recruitement consultant...who has not been professional at all in his behaviour towards me. I want an official response as to why this particular consulant took it upon himself to work hand in hand with the team leader at my first contract with the company to come up with a lie after lie for not giving me the job i was promised on the day i left.

 

he made it sound personal like he has personal agenda against me - because i left the 1st job before he could fire me...then i came back after 1 year and he offered me a position at the same company.

 

i'm taking this further so even if i do not get anywhere his superiors will find out just how "professional" this consultant is.

 

Its a matter of principle now

 

I really do think that the only option is to take it like a grown up and move on.

Just a couple of questions, were all 3 jobs exactly the same, same job, same place, same hours?

 

I am sorry to say that people are not always honest and a sorry to see you go can mean sorry it took so long to get rid. I am not suggesting this is the case just that be aware.

 

Finally we come to recruitment consultants , well in my experience all they are interested in is money. They tell you to lie at interview, take a sickie to come and see . As you can tell I do not have much faith in them at all.

[Purpleflowers 2]

the employer (the same company in both contracts) has told lies because i left the 1st contract just before the team leader was going to fire me and found another job. the crux of the matter is the recruitment consultant as well as the employer are angry i left before they could fire me, thats what its all about.

 

the 2nd time round at the same company - the work dried up and the recruitment consultant told me you can start in the new year...when these positions came up...my friend (who was sacked by the very same consultant) i applied and so did i for the new positions in the new year.

 

My friend got the job (even though the recruitment consultant told her she was under performing in her last job....etc) and to me he goes "sorry your not suitable for the job because of feedback from that same very vindictive team leader 2 years who gave a false report about my performance...because i left before she could sack me)

 

recruitment consultant is using lies the company team leader 2 years told her and he is now getting his (revenge in his eyes) for doing what he has towards me

 

The consultant can only go on what he was told by the employer, he doesn't have any direct knowledge of your performance

[Annie71]

I am sure you are frustrated but I do think you are your own worst enemy. You have just said you left before the first team leader could fire you so why would they take you back once let alone twice.

 

Maybe they realised the mistake they made 2nd time round and got rid.

[Emmzzi]

Yes, but does anyone care? If the consultant makes money, that's his job. He does not work *for you*. You are not paying him. He has no obligation to you at all. For whatever reason, you have annoyed him, and now he does not feel able to recommend you to clients.

 

Tough.

 

You sound like a crazy woman going for revenge over a spurned lover. Note I am not saying you are; I am saying your tone, and your fixation on minor points, sound similar.

 

Who would want to employ someone that bears a grudge this hard? You are not helping yourself. The recruitment industry is small and close and sticks together; consultants move firms; you will make yourself unemployable.

 

Get over it. Move on. Live well.

[steampowered]

You keep saying the rec consultant fired you. This sounds unlikely ... presumably decisions about who to employ are made by the client.

[Derwent]

I asked my manager for a reference on my most recent job and she said "yes no problem".

I then asked her I had spoken to the consultant who said you had told him my performance on the job was not upto standard. She did not answer.

 

I think this is the most telling part. Seems to me that the manager has given the agency a different appraisal of your performance than the one she told you face to face. The fact she did not answer when you asked her if she'd said that your performance was not good speaks volumes I'm afraid.

[Purpleflowers 2]

ive been working self employed for a company for the last 2 years, my hours at work at the moment are 10am-4pm, i now wish to change my shift at work to the evening shift which is 3-8pm because offamily realated issues

 

My team leader is making a big fuss of this and is leaning towards refusing my request for change of hours

 

I need a water tight reason which my team leader cannot refuse, what do you suggest?

 

ive tried by asking 'i want to change to the 3-8pm shift' - but this has not been taken seriously, my team leader doesnt want me to change shifts

 

please help

[postmn]

just because you have family issues you cannot assume it will be granted . what I would do is see wether you can find someone that would be willing to switch shifts . Have you put it down in writing stating the reasons for the request .

[Emmzzi]

You need to make a formal application for flexible working arrangements and the onus s on you to give the employer good reasons why they can accomodate this. They then will need to have a good reason to be able to turn you down.

 

https://www.gov.uk/flexible-working/overview

[becky2585]

If you're self employed then the above doesn't apply - technically you should be permitted to work whatever hours you want. You may find your services are quickly dispensed of if they don't fit in with the organisations needs, though.

[Emmzzi]

If you're self employed then the above doesn't apply - technically you should be permitted to work whatever hours you want. You may find your services are quickly dispensed of if they don't fit in with the organisations needs, though.

 

 

Apologies, totally missed those words! More coffee....

[joesweetsllm]

Flexible Working Regulations - that is correct.

The real question in issue may be - are you self employed ?

Who said that you are ?

Do you do a Self Assessment Tax Return ?

Weightwatchers had to pay a large amount to HMCE as their self employed demonstration staff were actually employers.

Tell told their employees that they were self employed but they were not.

Look at a Status Check - it is only likely to benefit you - with holiday pay, pension rights, etc et al

[becky2585]

Apologies, totally missed those words! More coffee....

 

Words I utter on an almost hourly basis

[joesweetsllm]

Best put in application citing the Regulations which then it puts onus on them to comply

and also refuse.

 

If they refuse because they you are self employed then you can check that with

HMCE on a Status inquiry - although it would be best to check before submitting your application.

 

If you are employed, then it follows that the refusal on the grounds of not applying

to self employed was invalid and misconceived.

 

As ever one has to assess risk of being pushed aside for daring to ask, but frankly, now you have these threads it ought to be evident that if you are dismissed, it would be due

to asking for your application to be considered. Check your eligibility for Flexible Working beforehand.

[think about it]

It may be that the evening shift is fully staffed, in which case it might be worth finding someone who wants to swap from the evening to the morning and going to your TL with that as a proposal.

[joesweetsllm]

which is good commonsense but also highlights that lip service is paid to the relevant legal protection for workers and the health of the business - because of slack process

and procedure that results in avoidable conflict.

[think about it]

which is good commonsense but also highlights that lip service is paid to the relevant legal protection for workers and the health of the business - because of slack process

and procedure that results in avoidable conflict.

 

Joe, I'm not sure we can say that just yet. Layla, did you put your request in as a formal written request or an informal verbal enquiry?

 

If it was written and framed as a request for flexible working then we could say that the TL's response of 'making a fuss' is quite inadequate but if it was an informal enquiry then the TL's reluctance might be quite justifiable if for one of many reasons, having someone change shifts is challenging.

[joesweetsllm]

I agree and even where there is a formal request there be objective and reasonable grounds to decline. There should always be an attempt to try and find a win win solution. Poor communication can sometimes be the source or cause of problems. However, the issue that is brought into the open appears to be one of Status, between someone who is self-employed and someone who might well be Employed. If employed, certain benefits and protection may well not have been applied. Speaking as an ex HMCE bod - there are other issues. Pension Auto Enrolment is a typical issue where she may miss out. My wider point remains that an issue on one matter where the employer may be correct can nevertheless bring out into the open bigger and much more costly issues for the employer, or the existence of significant benefits that the employee had not been aware of before but is entitled to have accorded to them. I have recently been made aware of " self employed " clauses being slipped into Zero Hour and like contracts - and frankly such contracts often drafted by lawyers are contrived nonsenses that end up costing all taxpayers irrespective of the taxpayer being an employer or employee. GOOD LUCK

[Purpleflowers 2]

I was offered a temp position for 4 months via a job agency, before accepting the position i asked the job agency to email me the job description so i could double check the job title and job description on email as opposed to just accepting it over the phone from the agency.

 

On the first day of the job I was taken to a different section of the company and not placed in the job role I had accepted from the agency (based on the job description the agency had emailed me)

 

I was placed in totall different section/department nothing at all related to the job I had accepted from the agency. I called the agency a few days later to tell them and their response was 'that is surprising i can't understand why they have done that'

 

I thought to myself at least ive got a job, so I spent the next couple of days doing some online reading and tests. After this I was 'trained' by another temp worker on a task which I found quick to pick up, so I thought to myself I would be doing this task until my contract was up in the summer.

 

The following week the team leader told me I was now being 'trained' on a new task by another person (this person told me 'you have come to the worst team possible with the worst team leader) in the team, this person was not a qualified 'trainer'. He only knew the process after having doing it day in and day out over several years. This person did not have people skills at all and talked down upon me making negative comments. I was stressed big time because it was a complex process and the 'trainer' the team leader had picked to 'train' me had been working in the job for years and thought it was an easy job to pick up for someone who had no idea what was going on to start with or was not accustomed to the software systems the company used.

 

I was so stressed I was unable to go to sleep i told this to the team leader who said to me its 'normal'!

 

Nearly 3 weeks into 'training' i was not well and took the day off, the next day I had a 'return to work' interview in which the team leader was negative towards me in regards that it was taking far too long for me to get fully trained up and i was taking far too long on each case i was doing in training. The alloted time was 10mins a case. I was told by the team leader i was taking much longer and he would make a decision if i was right for the job in the next day or so because it was taking far too long time in his view for me to become proficient with the job and tasks.

 

Later in the day the team leader came across over to me with the 'trainer' that was 'training' me sat next to me and said something along the lines of 'your not value for money.....etc' this was the final straw i felt humiliated by the constant negative remarks and decided enough was enough.

 

The next day I was too stressed to go into work, I got an 'Absence without Authorised Leave' letter '...The Company do consider Absence Without Authorised Leave as a very serious matter, and it may be treated as gross misconduct which can result in dismissal, without notice. This is because it has a very serious impact on the Company, our customers and colleagues and is a serious breach of both Company Policy and also of your own contract of employment. Therefore, a Stage 3 Disciplinary Hearing will be arranged and I will advise you of when this will be. At this hearing we will consider the reasons for your absence, including whether there are any mitigating circumstances, before reaching a decision on the outcome. Should there be no satisfactory explanation one outcome could be that your employment is terminated, without notice on the grounds of Gross Misconduct'

 

my understanding is they have decided to sack me but they want to make it official hence the meeting - but why bother if im employed through an agency, the company know i raised some concerns with the position - why did not address those concerns and the team leader putting all the pressure and making negative comments does not understand the process i was being 'trained' on himself - so how can they have a team leader who just wants to meet targets putting pressure on new starters and makes negative comments to such an extent that its effected my health and i've only been there 3 weeks!

 

The question I have is I got the job through the agency, the contract sent was through the company, so why are they taking this agressive approach towards me?

Do I simply call the agency and tell them I want to withdraw from the position and give the reasons as the team leader being negative towards me, putting me under undue pressure knowing i was under training and saying 'your not value for money' and him causing me so much stress that i can't go to sleep properly and wake up with worry about how my 'training' will go. The person assigned to 'train' me lacked people skills and was inadequate to train me, the subject matter expert who was the person who should have done the training was 'busy' to train me, so i was left with a person the team leader thought was a 'trainer' because he had worked there several years.

 

I will call the agency tomorrow...please help asap, its effected my health and caused me stress so i am not going back

Edited April 27, 2015 by Purpleflowers 2
Company name edited out.

[honeybee13]

Hello and welcome to CAG.

 

I've edited out references to the company name from your post. In the circumstances, it's better to keep things anonymous.

 

My best, HB

[Emmzzi]

Hi,

 

are wages paid by the company or the agency? (Some agency act as "finders" but not employers)

[Sidewinder]

So are you employed by the agency or directly by the employer?

 

Your problem here is that you simply failed to turn up for work - whatever the reason. It does definitely sound as though you have been poorly treated, but rather than just walking out the correct procedure would have been to resign with immediate effect, and to have told them why, in writing. Going AWOL - especially so soon after starting - will almost certainly result in dismissal.

 

You have two options. Attend the hearing and fight your corner - the fact that you have not been performing the function that was promised, inadequate training and feeling demeaned. Or, you can resign.

 

The employer can of course refuse to accept resignation pending the outcome of any disciplinary action, and can then state that you were dismissed for failing to turn up. They could also accept the resignation and state on future reference requests that you resigned whist the subject of disciplinary proceedings. Nothing unlawful in either case unfortunately, although with such a short length of service it might well be possible to overlook including this employment on your CV.

 

Definitely take it up with the agency. They may well be unaware that candidates for placement with this employer are not being given the job that is advertised. Or, of course it may be that they have a long-standing commercial agreement with this employer and are well aware that they are not a good employer?

[Pusillanimous]

There is no harm in your putting in a Formal Grievance setting out - in easy to read format with plenty of white space - what you have told us.

 

Let them know, in your view, it is unfair, and you were off with severe stress which prevented you from calling, and for which you are very apologetic about.