Agency or employee

[smileyculture]

Just been asked a question. Person works in school, paid for 3 days work through agency, works another 2 + odd Saturday for free. Have they a case as employee as school now dismissed them. Worked there 3 years.

[FlamingParrot]

Re: Agency or employee

Just been asked a question. Person works in school, paid for 3 days work through agency, works another 2 + odd Saturday for free. Have they a case as employee as school now dismissed them. Worked there 3 years.

Can you please clarify this? Are you saying this person worked at the same school 3 days a week through an agency and 2 days directly for the same school? And what do you mean by "for free"?

What were the grounds for dismissal? :confused2:

[smileyculture]

Re: Agency or employee

Hello, worked for school through agency for the 3 days, the rest for free. Not on payroll, school no longer required him, gone. Agency worker so no need to give reason.

[charitynjw]

Re: Agency or employee

If an agency worker, their contract is with the agency.

The agency have a completely separate contract with the school.

However, if the 'volunteer' is bound by contractual obligation of any kind to the school, there is a possibility that they may be considered as an employee.

It would be for an Employment Tribunal to ultimately decide.

[FlamingParrot]

Re: Agency or employee

The position of agency workers has been the subject of much debate over the past 12 years, with little clarity. I recall an agency worker who had been with the company 4 years and started the ball rolling to submit a claim, was offered a nice $ettlement in 2001! :wof: But my colleague who was sacked in 2003 after 3 years with the company didn't get anything (he was using an umbrella company).

There's a thread here where the subject is discussed: http://www.legalbeagles.info/forums/...ers#post316315

[smileyculture]

Re: Agency or employee

thanks all, the person was laid off with no warning, but to proud to take it to ET. I really think the employee has odds stacked against them.

[FlamingParrot]

Re: Agency or employee

thanks all, the person was laid off with no warning, but to proud to take it to ET. I really think the employee has odds stacked against them.

These days it's not just a matter of being proud, you have to pay a fee to submit an ET claim and a lot more for a hearing.