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Agency Dismissal


umbra
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Hi,

I recently worked for an agency for about 3/4 months. However one day the manager (of the company I was assigned to) decided he no longer wanted me to work for him.

 

I went to work the day I was fired and was not told anything about not wanting me to work for them. However that night about an hour or so after I finished worked, I received a call from the agency saying the manager did not want me to go back in to work for him.

 

I believe that I was entitled to 1 weeks notice. However the agency did promise to look for some other work for me and technically I was still employed by them although I wasn't working and not receiving any money.

 

As a result of this I was out of work for a few months and incurred a large number of bank charges for bills I was not able to pay.

 

Legally am I able to claim any money from the agency? Also I believe that I was unfairly dismissed, is it possible to request a written reason for why I was dismissed?

 

I was fired at the end of February 2007, does it make a difference that it was quite a while ago?

 

Thanks for taking the time to read this.

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I received the phone call from the agency saying I was fired, but the decision was made by the manager at the company I was contracted to.

The contract says that 1 weeks notice is required. However I am unlcear as they said they were looking for a new assignment for me but they did not find me any work. So I was employed by the agency after I was fired but not actually working.

After a few weeks however they just sent me a P45.

 

I also handed a letter to them asking for a written explanation for the reason I was fired and with my version of events of why I was fired (which I believe was unfair). If I resend this letter to them by recorded delivery are they required to reply, even though a few months have passed since I was fired?

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as an employee , you have certain rights. however you need to read your employment contract. I suspect that it will have a clause in it that allows them to let you go if they cannot find any work for you.

 

The company where you were placed is not your employer and they cant fire you and they didnt. Only your employer (the agency) can do that. It is usual for them to tell you why. Do you know why the fired you?

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The reason I was given was causing friction in our team. To be more precise I made a joke to one of my ex-colleagues which he took offence to. Unfortunately he took it the wrong way and was offended, I apologised immediately and the next day he accepted my apology.

However the manager obviously didn't want me working him for him and used that as the reason to fire me.

When I asked if there was a problem with my quality of work I was told there were no complaints regarding this.

 

Anyway it is as I thought, I won't be able to do much if I took them to court. Thanks for all your help.

 

Now to get stuck into my bank claim :D . By the way just wanted to say thanks to all the people here who are willing to help the 'small guy'. Thanks.

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sorry i couldn't be of any more help. Good luck with ur bank charges, theres plenty of knowledgable people on this forum to help you if you get stuck.

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The agency I work for, the contract says I am entitled to a weeks notice, and must give a weeks notice to them if I leave - but your job didnt come to an end, you seem to have been effectively "fired" for misconduct, so they possibly have an argument from that end, you need someone whos an expert in contract law to help, but I think it likely you dont have much hope :(

[sIGPIC][/sIGPIC]

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Guest Gertie100

Did you have a contract of employment or a contract for services?

Employment agencies usually run on contract for services for temp workers (even long term ones) which effectively gives all parties involved the right to terminate the current assignment immediately.

 

Many people think that if you work via an agency you are "employed" by that agency and therefore have the same rights as a perm employee, unfortunately this is not quite the case, hence the difference in the contract titles...

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