Unfairly dismissed

[Nelly1234]

i was wondering if any can help me. I was employed through an agency on a 12 month contract to company x. this commenced just under 3 months ago. i was happy and very hard working till i experienced bullying behaviour from my manager. This was increasing in severity - i have been called dumb, not given a lunch time, been shouted at, had the phone put down on me etc.

 

When it escalated to the point i was in floods of tears from the shouting, i called the agency in tears. i had previously also reported the bullish behaviour to them. they called me for an investigation and sympathised and agreed that the behaviour was not professional and a right way to treat an employee and reported it to the companys hr. the next day i was called and said the company has decided to terminate my contract and i am now left without a job at christmas with only 1 weeks pay.

 

It seems had i tolerated the behaviour i would have a job. this seems so unfair as i worked over and above my abilties and because i reported this behaviour, it is mme who is left without a job! i dont know how im going to pay my bills and christmas wont be christmas anymore as i did not forsee this and only rang when i couldnt take things anymore.

id appreciate the advice. thankyou

Edited December 15, 2015 by citizenB
spacing

[renegadeimp]

Sadly as you are with an agency, i think the company can request you not work there if they dont want you there. And really theres no much you can do about it. Its certainly not unfair dismissal as you are employed via the agency.

[Nelly1234]

Sadly as you are with an agency, i think the company can request you not work there if they dont want you there. And really theres no much you can do about it. Its certainly not unfair dismissal as you are employed via the agency.

 

 

This is very unfair that i have been first of all put in this position but second of all if i wanted to be kept employed, i had to take this bullish behaviour by my manager

[ericsbrother]

The unfair bit is that you have suffered bullying in the first place, the rest is down to the employer saying they no longer want you and there is nothing you can do about that regardless of your or their behaviour. It could have happened at any time for any reason. To be honest you are best out of it and the agency should now make an effort to find you some other work.

[donarebun]

i was wondering if any can help me. I was employed through an agency on a 12 month contract to company x. this commenced just under 3 months ago. i was happy and very hard working till i experienced bullying behaviour from my manager. This was increasing in severity - i have been called dumb, not given a lunch time, been shouted at, had the phone put down on me etc.

 

When it escalated to the point i was in floods of tears from the shouting, i called the agency in tears. i had previously also reported the bullish behaviour to them. they called me for an investigation and sympathised and agreed that the behaviour was not professional and a right way to treat an employee and reported it to the companys hr. the next day i was called and said the company has decided to terminate my contract and i am now left without a job at christmas with only 1 weeks pay.

 

It seems had i tolerated the behaviour i would have a job. this seems so unfair as i worked over and above my abilties and because i reported this behaviour, it is mme who is left without a job! i dont know how im going to pay my bills and christmas wont be christmas anymore as i did not forsee this and only rang when i couldnt take things anymore.

id appreciate the advice. thankyou

 

Legally you are entitled to break time (health and safety thing), that is the Law.

 

If you try to ascertain your right you shouldn't suffer detriment.

 

http://www.legislation.gov.uk/uksi/1998/1833/regulation/32/made

 

http://www.legislation.gov.uk/uksi/1998/1833/regulation/31/made

 

In order words it is unfair dismissal. Plain and simple.

 

Can you prove you complained to the agency ie emails etc?

 

No one should tolerate bad behaviour

 

Also since you complained to your agency (who in the eyes of the Law is your employer) it is seen that you made a protected disclosure.

 

That simply means you are protected irrespective of length of time of service etc.

 

But the most important thing is can you prove you complained?

[donarebun]

You could apply for an Interim Relief to get your job back until the court decides.

 

But it has to be done within 7 days of you losing your job.

 

But like I said in my previous comments you HAVE to prove you made those complaints

 

http://www.legislation.gov.uk/ukpga/1996/18/section/128

[becky2585]

Legally you are entitled to break time (health and safety thing), that is the Law.

 

If you try to ascertain your right you shouldn't suffer detriment.

 

http://www.legislation.gov.uk/uksi/1998/1833/regulation/32/made

 

http://www.legislation.gov.uk/uksi/1998/1833/regulation/31/made

 

In order words it is unfair dismissal. Plain and simple.

 

Can you prove you complained to the agency ie emails etc?

 

No one should tolerate bad behaviour

 

Also since you complained to your agency (who in the eyes of the Law is your employer) it is seen that you made a protected disclosure.

 

That simply means you are protected irrespective of length of time of service etc.

 

But the most important thing is can you prove you complained?

 

I am sure that you mean well, but I think you're giving the OP false hope.

 

Agency workers cannot claim unfair dismissal. The only claims that are available are for detriment claims and I don't think this would fall within the very specific whistleblowing legislation. Arguably it could fall within the WTR detriment provisions, but it seems to me that the causative link is the bullying, not the lack of rest breaks.

 

The behaviour is appalling, but I think it's stretching it to say it's legally actionable.

[renegadeimp]

You could apply for an Interim Relief to get your job back until the court decides.

 

But it has to be done within 7 days of you losing your job.

 

But like I said in my previous comments you HAVE to prove you made those complaints

 

http://www.legislation.gov.uk/ukpga/1996/18/section/128

 

 

The job hasnt been lost. He's still employed by the agency. Just the contracted employer no longer wanted that person working for them, and theyre well within their rights to refuse the person to work there.

[donarebun]

I am sure that you mean well, but I think you're giving the OP false hope.

 

Agency workers cannot claim unfair dismissal. The only claims that are available are for detriment claims and I don't think this would fall within the very specific whistleblowing legislation. Arguably it could fall within the WTR detriment provisions, but it seems to me that the causative link is the bullying, not the lack of rest breaks.

 

The behaviour is appalling, but I think it's stretching it to say it's legally actionable.

 

For Protected Disclosure the Law has an extension for the definition of Workers

 

http://www.legislation.gov.uk/ukpga/1996/18/section/43K

 

So you can see from Section 43K 1a (i) that Agency Workers are protected.

 

I think the best thing is for Nelly1234 to contact an Employment Lawyer who will inform about the merit of the case.

 

Most solicitors will give a free 30minutes consultation time to look into the merit of the case.

 

There are also a lot of No win no fee employment lawyers and a lot are very good.

[Sidewinder]

 

I think the best thing is for Nelly1234 to contact an Employment Lawyer who will inform about the merit of the case.

 

 

See Post #7

 

I don't think anybody was suggesting that the OP wouldn't be covered by Whistleblowing legislation - more that the complaint does not fall within the scope of such legislation.

 

Whistleblowing only applies to specific criteria and must be in the public interest, and does not apply to bullying which seems to be what the OP complained of. The allegations seem to centre around mistreatment, not criminal wrongdoing for example - had the OP's complaint been made on the basis of being denied rights afforded by the WTD then there might have been a case of suffering a detriment, but not on the basis of what has been stated by the OP in this case.

[donarebun]

See Post #7

 

 

- had the OP's complaint been made on the basis of being denied rights afforded by the WTD then there might have been a case of suffering a detriment, but not on the basis of what has been stated by the OP in this case.

 

 

A good lawyer will be able to see what remedy Nelly1234 has, a good lawyer will be able to ask her more questions that we can here, so I think it is best s/he speaks to a lawyer and since it is free s/he will have nothing to lose.

[becky2585]

A good lawyer will be able to see what remedy Nelly1234 has, a good lawyer will be able to ask her more questions that we can here, so I think it is best s/he speaks to a lawyer and since it is free s/he will have nothing to lose.

 

But even a good lawyer shouldn't attempt to invent a claim when the facts simply don't support it.

 

(Incidentally I'm not sure where this belief in free consultations comes from! Maybe I'm addled by having a corporate background, but it would be very rare, and probably negligent, for a lawyer to give legal advice without a formal retainer in place. Not a dig at you! Just a general observation from the board)

[donarebun]

But even a good lawyer shouldn't attempt to invent a claim when the facts simply don't support it.

 

(Incidentally I'm not sure where this belief in free consultations comes from! Maybe I'm addled by having a corporate background, but it would be very rare, and probably negligent, for a lawyer to give legal advice without a formal retainer in place. Not a dig at you! Just a general observation from the board)

 

S/he is already without a job so really s/he has nothing to lose.

 

Let him/her speak to a (or several) lawyers and see.

 

If s/he isn't given a free consultation then s/he can walk away.

 

There is nothing to lose.

 

Again there are a lot of no win no fee lawyers and they can help.

 

Even if s/he has no claim but the employer fails to follow the strict procedure placed by the law then s/he might be entitled to some redress.

 

I don't believe in giving up and since s/he was treated badly that is a breach of contract since in every contract there is a implied term that everyone should be of reasonable behaviour.

 

Although such breach will have to go through the County Courts and not the tribunal.

 

My final point is speak to a lawyer (or even the Citizens Advice Bureau) and see.

[becky2585]

S/he is already without a job so really s/he has nothing to lose.

 

Let him/her speak to a (or several) lawyers and see.

 

If s/he isn't given a free consultation then s/he can walk away.

 

There is nothing to lose.

 

Again there are a lot of no win no fee lawyers and they can help.

 

Even if s/he has no claim but the employer fails to follow the strict procedure placed by the law then s/he might be entitled to some redress.

 

I don't believe in giving up and since s/he was treated badly that is a breach of contract since in every contract there is a implied term that everyone should be of reasonable behaviour.

 

Although such breach will have to go through the County Courts and not the tribunal.

 

My final point is speak to a lawyer (or even the Citizens Advice Bureau) and see.

 

But there's no county court claim available for a breach of an implied employment term and particularly not within the first two years of employment. Employment disputes are generally heard by employment tribunals and not the county court system. Any failure to follow dismissal procedures is not actionable in itself; it simply serves to increase compensation of any substantive claims which are brought (usually for a failure to follow the ACAS Code but even that is questionable here as the dismissal wasn't for conduct reasons).

 

The further difficulty is that in order to secure no win, no fee funding you have to demonstrate a claim of a reasonably high value and with excellent prospects of success (usually 65% or higher). Lawyers generally don't like working for free!

 

Sometimes in life, you have to accept that people have behaved badly and move on without attempting to formulate a claim without legal foundation.

[donarebun]

But there's no county court claim available for a breach of an implied employment term and particularly not within the first two years of employment. Employment disputes are generally heard by employment tribunals and not the county court system. Any failure to follow dismissal procedures is not actionable in itself; it simply serves to increase compensation of any substantive claims which are brought (usually for a failure to follow the ACAS Code but even that is questionable here as the dismissal wasn't for conduct reasons).

 

The further difficulty is that in order to secure no win, no fee funding you have to demonstrate a claim of a reasonably high value and with excellent prospects of success (usually 65% or higher). Lawyers generally don't like working for free!

 

Sometimes in life, you have to accept that people have behaved badly and move on without attempting to formulate a claim without legal foundation.

 

We are NO lawyers, let s/he speak to a lawyer and see.

 

There is nothing wrong with getting information.

[becky2585]

We are NO lawyers, let s/he speak to a lawyer and see.

 

There is nothing wrong with getting information.

 

Okay. Agree to disagree

[Emmzzi]

I get annoyed when peple think lawyers are some kind of free advisory service. I pay my dentist, my accountant, my hairdresser - why wouldn't I expect to pay a lawyer?

[san_d]

I get annoyed when peple think lawyers are some kind of free advisory service. I pay my dentist, my accountant, my hairdresser - why wouldn't I expect to pay a lawyer?

 

Who said lawyers shouldn't be paid? Some solicitors advertise as no win no fee, so what's the ground for your annoyance?

[becky2585]

Who said lawyers shouldn't be paid? Some solicitors advertise as no win no fee, so what's the ground for your annoyance?

 

"If s/he isn't given a free consultation then s/he can walk away."

 

I think there's a pretty heavy implication right there!

[Ganymede]

Who said lawyers shouldn't be paid? Some solicitors advertise as no win no fee, so what's the ground for your annoyance?