*Not* allowed to interview for permanent position (AWR Regulations)

[pauly]

Hi, wondering if anyone could shed light on my situation...

Have been working with a client company for 1 year as a Ltd company contractor. The client company uses an in-house resourcing agency for all contractors.

A while ago the resourcing agency sent out documentation to all contractors asking them to declare that they were not covered by the AWR - I did not respond to it and had not opted out either.

A new manager appeared for the group a couple of months ago. It was clear that their preference was to have permies only in the group I was working in.

I found out the manager was interviewing for permies - the positions were not advertised internally.

When I found out I sent an email to the manager requesting consideration as I had done the same work for the last year - nothing happened.

As the new permies were hired and came into the business, I was extended on a month-to-month basis and inevitably worked out the business.

I would have liked to go permanent with the company and was frustrated that I was not given the opportunity to apply for the roles by this anti-contractor manager.

Does the Agency Worker Regulations provide any opportunity to address this and seek some form of remediation?

I recall something saying that a company has to advertise their permanent positions and allow contractors to at least apply?

Any questions, feel free to ask.

[Old Greg]

Hi, wondering if anyone could shed light on my situation...

Have been working with a client company for 1 year as a Ltd company contractor. The client company uses an in-house resourcing agency for all contractors.

A while ago the resourcing agency sent out documentation to all contractors asking them to declare that they were not covered by the AWR - I did not respond to it and had not opted out either.

A new manager appeared for the group a couple of months ago. It was clear that their preference was to have permies only in the group I was working in.

I found out the manager was interviewing for permies - the positions were not advertised internally.

When I found out I sent an email to the manager requesting consideration as I had done the same work for the last year - nothing happened.

As the new permies were hired and came into the business, I was extended on a month-to-month basis and inevitably worked out the business.

I would have liked to go permanent with the company and was frustrated that I was not given the opportunity to apply for the roles by this anti-contractor manager.

Does the Agency Worker Regulations provide any opportunity to address this and seek some form of remediation?

I recall something saying that a company has to advertise their permanent positions and allow contractors to at least apply?

Any questions, feel free to ask.

You're cross but think it through. If you find you have some right that has been transgressed, what will you do, sue?

Take a deep breath, bleed some radiators, watch a gladiator movie and move on.

[pauly]

You're cross but think it through. If you find you have some right that has been transgressed, what will you do, sue?

Take a deep breath, bleed some radiators, watch a gladiator movie and move on.

Thanks. Am unlikely to sue. But if they feel exposed - am wondering if this would give me some leverage in order to ask them to consider me favourably for other permie positions.

Also will highlight the inappropriate approach of the previous manager.

I think I have posted this in the wrong forum. Will post it in the General one.

[cojak]

This is the correct forum Pauly, continue your thread here.

[Gentile]

I think you were in the right place to start with, pauly. The manager that refused to interview you was perfectly within their rights to do so - businesses have a wide range of discretion in running their recruitment any way they want, as long as they don't discriminate on illegal grounds such as sex, age, race, etc. There's no such thing as contractor discrimination, and it's perfectly reasonable for them to remove you from consideration either because they don't want the headache of a potential IR35 investigation or because they don't want to pay an agent's fee, or simply because the manager in question doesn't like or trust contractors for some reason. If I were you, I'd move on, and if a permie role is what you really want, apply for one elsewhere.

[escapeUK]

As an outside opinion, let me paraphrase.

The business wanted you to declare that you were not covered by AWR. You purposely ignored this request.

The business decided they would prefer to move towards permies rather than contractors, you requested that they consider you. They purposely ignored you, probably not unrelated to the request re AWR. (If I were them I would have also thought this strange as chances are you would get half what you do as a contractor)

Now do you wonder if you have some sort of redress? No of course you dont. You are a temporary specialist on a high rate, you are disposable, but desirable. That's how we roll.

[EternalOptimist]

jeez Pauly. have you no pride ?

you will wear your tongue out before you are 40 if you carry on like this.

fck em. fck em all

[SimonMac]

Long story short, if you kick up a fuss about having the right to be interviewed I will put pounds to pennies on the fact if some how you do get an interview you will be binned no matter what as not being right for the role

[KentPhilip]

When I found out I sent an email to the manager requesting consideration as I had done the same work for the last year - nothing happened.

That was the application.
They rejected you.
Onwards and upwards...

[BrilloPad]

Sorry to hear you are having issues.

It can be a bit difficult to go to permanent after contracting - some companies assume that you will just be permanent for a short time.

Personally I doubt AWR had any bearing on this.

Its one of the reasons I refused to go contract when asked at my new job in a hedge fund. And as soon as I got on board I found my colleague wanted to be permanent - but was just kept on as a contractor. Though he had accepted an incredibly low rate (well for one of the best hedge funds anyway) - so I think they prefer paying him peanuts.

You just have to accept the situation and move on.