Redundancy for temporary agency worker

D

daftdave

Guest
Hello,
I started working as a professional for a company where I have spent 3+ years. The first year though my wages were paid through a recruitment agency where they said I had to set myself up as my own limited company. I had no benefits from the agency like sick pay etc they were just a conduit for my wages. I was made permanent in the second year and continued working in the company as I had and also like any other employee. Now the company is closing down and I'm wondering can I get the year whilst the agency was involved taken into account when calculating my service time.
Any advice please?
 
Hi,

I would consider time spent as an agency worker lenght of service. Although not an employee during this time, as soon as you have 12 months service in one company, the employer is responsible under the Unfair Dismissals Act.

Recent case law has shown that agency workers can be deemed an employee. Some info on these cases can be found here: [broken link removed]

If you brought a case on it, issues such as control (were your duties determined by the employer and did they have alot of control over your work the way you woked, the tools you used etc) and Integration would be considered in a case (were you treated the same as regular employees e.g. invited to Christmas parties, offered other benefits accociated with regular employees) would be considered.
 
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