Termination of contract without notice

[dj1971]

Hi All,

 

In need of some advice for my wife.

 

She has been working on a temporary contract through an agency since May 2012 and never had any complaints, disciplinaries, or problems with her work.

 

Her boss came into the office today and told her he was terminating her contract with immediate effect. He said there were a couple of things he was not happy about.

 

Even though she was on a temporary contract, can he just terminate her contract like that without notice?

 

He is well aware this means we are now both not working and to do this just 3 days before christmas.

 

Appreciate any advice use can offer

 

DJ

[RebeccaPidgeon]

I suggest that you visit a Citizens Advice Bureau to discuss the case with a Case Worker... and to establish whether or not any claim of unfair dismissal may be addressed.

 

However, some information on the protection of agency workers is contained within

http://www.hrbullets.co.uk/employment-law-basics/agency-workers.html

 

http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/contracts_of_employment.htm#how_the_rights_in_the_employees_contract_relate_to_rights_in_law

[dj1971]

Thanks Rebecca,

 

I have done some research and it appears my wife cannot claim unfair dismissal because she has been working for the company for less than two years.

 

It seems the only course of redress she has would be a claim for wrongful dismissal, ie dismassal without proper notice and failure to follow the acas code of conduct.

 

We are off on holiday for a week from tomorrow morning, so will contact a solicitor when we get back and maybe look into the possibility of a compromise agreement.

 

Thanks again

DJ

[Atlas01]

did she have a contract from x to y or was she agency slave labour as you mentioned it in your post?

 

if it's the latter there is no claim

[dj1971]

She was Agency Atlas,

 

But after 12 weeks agency workers accrue the same rights as permanent employees, therefore she can claim wrongful dismissal for lack of notice.

 

DJ

[becky2585]

She was Agency Atlas,

 

But after 12 weeks agency workers accrue the same rights as permanent employees, therefore she can claim wrongful dismissal for lack of notice.

 

DJ

 

Only if she had a contractual right to notice. S86 ERA 1996 which governs this does not apply to workers, only employees.

 

The 12 week rights also don't cover all employments rights - only pay, duration of working time, rest breaks, rest periods and annual leave.

[Surfer01]

Her contract is with the agency and not the employer. The agency have placed her in the position and it is the agency that is paying her and is also responsible for her holiday pay etc.

[Hacked_Off]

Depends on what type of contract you are on?

[dj1971]

Not sure she ever received a contract, will have to check.

 

So as a worker placed at the company by an agency she has no right to fair notice?

 

DJ

[Hacked_Off]

Depends what's in her contract, you need to see a copy of this. Mine with the agency said any assignment can be terminated without notice.