Am I being screwed over...

**norrahe** · 18 November 2010, 16:21

Ouch

**FiveTimes** · 18 November 2010, 16:41

Man that sucks....

Who has the policy the agent or Fujitsu ?

I've worked at the telecoms arm of Fujitsu and there was no rule in place there.

**Lolas Cat** · 18 November 2010, 16:41

Originally posted by gingerjedi View Post

...or what?

...

If I had a dog I'd go and kick it.

That's not funny at all.

**CheeseSlice** · 18 November 2010, 16:56

Originally posted by gingerjedi View Post

In May this year after months of fruitless searching I took a permanent break/fix role with IBM, in October this year Fujitsu took over the contract from IBM and TUPE'd me across to them and after a 30 day consultation period I will be given notice.

Today I'm contacted about a contract role with Fujitsu but I'm told if I've worked for Fujitsu on a permanent basis I would not be allowed to contract with them as there needs to be a 2 year gap.

Get a copy of your employment contract with Fujitsu and see if that clause still holds after redundancy. I imagine this clause is present to prevent you from holding Fujitsu to ransom by threatening to leave so you can come back as a contractor, which is clearly not the case here. It may also be worth speaking to the HR department to explain what is going on and to see if an exception could be made.

As for the agency layer, is it possible that you were mistaken and that you didn't actually work for Fujitsu at all? (for less than 1 or 2 months)

**northernladuk** · 18 November 2010, 17:16

I had something a little similar to this. Defense related as well oddly. Was working for a large IT supplier to certain defense company and got tuped in to the defense company as part of an insourcing exercise. Left after 3 month trial period to go contracting and the first contract I got offered was back with the IT supplier but the clause in the new contract stopped me working for suppliers for a 6 month period so had to turn it down.

Not quite as brutal as the OP situation but frustrating none the less.

**gingerjedi** · 18 November 2010, 17:22

I did email HR, I said it was grossly unfair to take my job, lay me off and then stop me working.

No response yet, probably gone up the food chain as they are going to have to be careful on this one.

**configman** · 18 November 2010, 17:25

Originally posted by gingerjedi View Post

If I had a dog I'd go and kick it.

Get a pit bull and let it loose in their office. Seriously, I think this is blatant discrimination and/or restriction of trade.

**nomadd** · 18 November 2010, 17:48

Originally posted by gingerjedi View Post

...or what?

Go to the C.A.B. Look into free Legal Advice. Contact your local MPs - all of them. Maybe talk to a few local newspapers - even national ones.

Make sure the agency and employer you are looking to go through know all of this.

In other words: don't kick your dog when you could be kicking up a stink.

None of the above may ultimately bring you a job, but I personally would be at least happy with the satisfaction of making their lives miserable and panic-ridden for a while.

**gingerjedi** · 18 November 2010, 18:44

Originally posted by nomadd View Post

Go to the C.A.B. Look into free Legal Advice. Contact your local MPs - all of them. Maybe talk to a few local newspapers - even national ones.

Make sure the agency and employer you are looking to go through know all of this.

In other words: don't kick your dog when you could be kicking up a stink.

None of the above may ultimately bring you a job, but I personally would be at least happy with the satisfaction of making their lives miserable and panic-ridden for a while.

I'll do all that if it proves to be the case, in the meantime I'll wait for HR to get back to me.

The fact they've had all day does make me wonder if I've highlighted a problem for them should I want to take this further.

Am I being screwed over...