Was a temporary worker treated differently?

[SpiritInBlack]

Hi all,

 

I have been on a temporary contract with my current employer since June 2013. The contract is to expire in December. The employer changed the way we provide the service which involved creating new teams, change of responsibilities and teams for all employees. All permanent employers were offered an opportunity to express 2 preferences which team they want to go. Every staff group (admins, support workers, managers etc) were asked to express their preferences in turn.

 

Temporary workers were not offered the same opportunity. Instead, we were offered internal interviews (if successful, to be upgraded to permanent posts) and then allocated to vacant posts. I expressed my preference during the interview, but was told in feedback that there were no vacancies in this team (which I know is not true as someone is leaving in November) and, subsequently, I was offered a job, which I would never consider applying for if I had a choice.

I was very surprised with this choice as there were emails exchanged and discussions on a senior level that I could (not would, though) be allocated to a team of my preference.

 

The job I'm doing now is making me stressed to the point that I had to take two days off.

 

I am meeting a senior manager tomorrow for an informal discussion to talk about who, why, and how it was decided that I would be allocated this vacancy. I am going to tell them that it is making me stressed to the point that I cried first two days at work and I am considering handing in my notice/not signing a new contract after my temporary one :???:expires.

 

My question is - under the 12 week rule, shouldn't the temporary workers be offered equal treatment and therefore the same preference exercise? We were not agency workers, but working for the same employer, but on temporary contracts.

 

Legally, have I got any leg to stand on?

[SpiritInBlack]

Or am I right thinking that as an employee of the same organisation I should have been treated the same as permanent employees, and therefore be given preference exercise as well?

If so, what Act will I be quoting?

[becky2585]

The Agency Worker Regs (12 week rights) don't apply to you, as you aren't an agency worker.

 

However, you still have the right to be given the opportunity to secure any permanent position in the company under Regulation 3(2)© of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. So arguably, you might have a case for less favourable treatment under those Regs. I'm not sure what the compensation would be, though, as you don't have the length of service to bring an unfair dismissal claim, but you may be able to claim "just and equitable" compensation for being deprived of the right (if the ET found you had been treated less favourably, as here all you are deprived of is the right to express a preference as to where to work, rather than the actual right to apply for a vacancy). I also don't think you can claim heads of damages for injury to feelings, so I'm not sure what you could realistically seek to claim - perhaps someone else has come across this issue in practice?

[SpiritInBlack]

Thank you for your reply.

I was not thinking about seeking compensation. I would like to be transferred to the same position but in a different department. My duties in my current role are dramatically different to what I had been doing, I can't keep up emotionally. Thy are risking me going off sick long term for depression (I have a very good attendance record) and I can't see how they would be able to make reasonable adjustments for me. This is all I would be asking for.

[Emmzzi]

really truly honestly - you are a temp. If they wanted you to be permanent they would have offered you a role; and depression doesn't command reasonable adjustments unless you are going to be affected 12+ months. You are nowhere near.

 

If you do not like the work, leave; this is the simple beauty of temp work, no commitment either side. You have no legal argument here; find an employer that suits you better.

[mariefab]

You say that you're a temporary worker, that your contract was due to expire in December and that you are not an agency worker.

 

I think that you could be working on a fixed term contract.

If so, you may have the right not be treated less favourably than permanent staff.

 

http://www.legislation.gov.uk/uksi/2002/2034/contents/made#2

 

How long have you worked for this employer?

 

EDIT: just saw post #3 so this post should say... 'wot Becky said.'

Edited October 31, 2013 by mariefab

[SpiritInBlack]

Hi all,

 

I am not a temp. I am, indeed, on a fixed-term contract, 6 months long that started in June. I got offered a new post to commence before my current contract expires. I could consider whether I should stay till the end of my contract expire or sign a new (permanent) one that I was offered. I cannot 'just leave' as I would need to give one month notice. This is not the case, because I do not want to leave the employer.

 

I read a bit more and, yes, indeed, I might have been discriminated against under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, because as a fixed-term employee I was not given the same opportunities as a permanent employee of exactly the same grade.

[Emmzzi]

My apologies. I read the title and assumed you meant temp.

 

I am not sure it gets you much further; have the conversation but if I didn't have a job to give you in the team you wanted, and you told me you were going to not renew/ were being made ill, I'd either let you work your contract and not renew; or I'd find a reason to let you go early and pay you your notice. Under 2 years service, very limited employment protection.

 

So I think it is fine to express a preference but you may also need to decide if unpleasant job is better than no job before being overly assertive. They may not be sticking by the letter of the law but a sharp employer can disguise this as say underperformance on your part, or workload reduced, or just not fitting in - any number of things.

 

Not the answer you will want, but I believe forewarned is forearmed. I'd go canny.