What are the rules about working directly for a company after you have been in there via an agency?
Long story short but having recently asked to go temp to perm with the company I’ve been working for since February the agency that supplied me have now refused to place me there. They also won’t offer any suitable alternative work.
Having looked on the government website, from what I understand, the company can hire me direct, without incurring transfer fees, 14 weeks from the start of the first assignment or 8 weeks from the end of any assignment, whichever is the longest. My last shift was almost 2 weeks ago now so by my workings I could start direct in just over 6 weeks time.
Have I understood that correctly?
Any info would be much appreciated.
You’ll have signed an agreement with your agency covering what the terms are regarding direct employment with one of their clients, no idea just how binding these are in a court of law, but if the agency is a major supplier to the firm then the firm may not be willing to rock the boat with the agency regardless.
Probably worth having a read of your agreement (if you can find your copy) and having a chat with the TM of the firm you want to work for, possibly with a view to leaving your current agency and joining another that supplies them but isn’t going to play silly buggers with your life.
Well if i am reading it right the company has asked you to take a full time job so what is the problem i am sure they would have not asked you first if they had a problem, wake up and take the job
What are the rules about working directly for a company after you have been in there via an agency?
Long story short but having recently asked to go temp to perm with the company I’ve been working for since February the agency that supplied me have now refused to place me there. They also won’t offer any suitable alternative work.
Having looked on the government website, from what I understand, the company can hire me direct, without incurring transfer fees, 14 weeks from the start of the first assignment or 8 weeks from the end of any assignment, whichever is the longest. My last shift was almost 2 weeks ago now so by my workings I could start direct in just over 6 weeks time.
Have I understood that correctly?
Any info would be much appreciated.
1kp:
Long story short but having recently asked to go temp to perm with the company I’ve been working for since February the agency that supplied me have now refused to place me there. They also won’t offer any suitable alternative work.
Having looked on the government website, from what I understand, the company can hire me direct, without incurring transfer fees, 14 weeks from the start of the first assignment or 8 weeks from the end of any assignment, whichever is the longest. My last shift was almost 2 weeks ago now so by my workings I could start direct in just over 6 weeks time.
Have I understood that correctly?
Who asked? you or the firm asked you directly? Seems like they way you have put it, the firm no longer need you and the agency is trying to protect their client and your feelings.
Vid:
Probably worth having a read of your agreement (if you can find your copy) and having a chat with the TM of the firm you want to work for, possibly with a view to leaving your current agency and joining another that supplies them but isn’t going to play silly buggers with your life.
The all depends on who asked who, and if he/she’s upset the firm somehow they no longer need his services.
Firms can be funny buggers, hiding behind a agency and agencies can just are funny buggers.
If you’ve been working there solid for 13 weeks - you can just leave the agency, and start full time at the job. You don’t need anyone’s permission after the 13 week period.
Treat the 13 week period as the kinda “Notice Period” you’re giving the agency.
They won’t be biting your head off for this apparent “turncoat” activity, because at the end of the day “They don’t own you” and if you are employed via a swedish derogation contract - the taxman is going to look at you for working longer than 13 weeks at the same agency client firm as well.
If you don’t want the job - ask the agency to rotate you onto a different client for 8 weeks…
Based on my experiences, this is how I understand it.
You effectively have a contract of employment with the agency who will place you with companies for work. You only ever work for the agency though, not the placement company.
If the placement company wishes to employ you directly, they cannot “poach” you from the agency, they must “buy out” your contract from the agency.
I’m not sure where the 13 weeks notice comes from, my agency let me go with immediate effect, others have been right ■■■■ bags about it.
IIRC after a 12 week absence from your placement, you can freely go work for them directly.
Like I said, this is from memory so may not be entirely accurate. Get proper advice before doing anything. And read your agency contract!
6 years ago,I did a 12 weeks temp to perm when I was with Pertemps.
We’ve just taken on a driver at our place after 12 weeks temp to perm from Driver Hire…so without knowing the fine detail/legal position etc;I think 12 weeks would be a good ballpark figure to work with.
Simple answer is take the job offer,if the Agency wants to be a regular supplier they won`t be stupid enough to “cut their nose off to spite their face”
Agencies are there to supply either for temp or permanent Drivers,
When I did Agency work for three years they where only to pleased to have supplied the Company with permanent Drivers as it meant they where still used for the temps over busy periods.
Winseer:
They won’t be biting your head off for this apparent “turncoat” activity, because at the end of the day “They don’t own you” and if you are employed via a swedish derogation contract - the taxman is going to look at you for working longer than 13 weeks at the same agency client firm as well.
No they’re not. The AWR has nothing to do with the tax man neither does the fact you’ve been at a company for however long via an agency as a PAYE agency employee.
