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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 47050
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working as a Consultant years and 11 months via

Customer Question

I have been working as a Consultant for 4 years and 11 months via an agency and my contract has now been terminated wef 30/10/2015
I am entitled to anything from the employer my agency placed me with?
Thanks
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Why have they terminated please?

Customer: replied 1 year ago.
The role no longer exists it has been transferred into a Managed Maintenance Service with an outsourced supplier
Expert:  Ben Jones replied 1 year ago.

Did you have a contractual notice period you were due on termination? Sorry, I am in and out of court today so may not be able to reply immediately, thanks

Customer: replied 1 year ago.
The arrangement between the agency which placed me and the employer is a two weeks notice period
Customer: replied 1 year ago.
I was notified at the beginning of October that my contract would be terminated at the end of October
Expert:  Ben Jones replied 1 year ago.

So you were effectively working on a self employed basis through an agency is that correct?

Customer: replied 1 year ago.
that is correct
Expert:  Ben Jones replied 1 year ago.

ok thank you, ***** ***** all the info I need now, please leave it with me and I will reply later today and you should get an email when I have done so, thanks

Customer: replied 1 year ago.
Thanks
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. When you are working on a self employed basis, you will not get the same tights as an employee. For example, you will not get the right to a minimum statutory notice period, nor would you get any redundancy pay if made redundant. When your employment is terminated you will only be due to receive the notice period which is stipulated in your contract. In your case this is 2 weeks so they should give you that and allow you to work throughout that period, or pay you the equivalent of it if they let you go earlier. However, that is it I’m afraid – you may have received a redundancy payment had you been an employee and this was treated as a redundancy and an employee would have also been entitled to a minimum 4 weeks notice for having been there a full 4 years, but if you are not an employee then as mentioned these rights do not apply to you I’m afraid.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Customer: replied 1 year ago.
Thank you so much that's most helpful
Expert:  Ben Jones replied 1 year ago.

You are most welcome, if your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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