Reply to: unfair dismissal legal action

[tarbera]

unfair dismissal legal action

I didnt give the full picture. I wasnt ready to give the interview. The agent heckled my everyday just to have a casual chat with his colleague (not with the company). So not being rude, I just gave it. I accept my naivity and learnt a lesson.

But what I dont agree with your suggestion of going back to permie. You dont chicken out at the first sign of trouble. You fall, learn and get up and move on.

Thanks for your advice anyways. Keeping it positive

Perhaps you were just tulip then and it's just a coincidence the SMS came at same time?

SMS from agent to your boss said

Is newbie working for you? He is looking to jump ship? Drinks soon on me xx

Boss, yup, thanks I will get rid

[Maslins]

The barriers are very high. It largely comes down to

"You can't do that"
"I just did, your move"

Lol, yup. The law is only really relevant if everyone involved considers it relevant. If people ignore the law, it's typically extremely expensive and difficult to have anything done about it.

[ASB]

The OP does have a variety of rights.

There a rights under their contract of employment to the umbtrella. If there is one in the chain. There are rights in any contract for services if they have entered into one. The prospects of these being helpful is likely vanishingly small.

In terms of the actions of the end client on the OP they are afforded protection via the employment protection legislation. The possibility exists that the OP is protected as a result of meeting the definition of worker. Again it is a very slim possibility. I recall there was one success some years ago.

The barriers are very high. It largely comes down to

"You can't do that"
"I just did, your move"

[Yonmons]

First rule of contracting an agent is never your friend even though he may talk to you like he/she is. NEVER tell them ANYTHING or give them references before you have been offered work, I am in their faces with this even if they tell me its a deal breaker if I don't provide them, and NEVER EVER cough to knowing someone within an organisation. Its just another technique to glean intelligence from you.

[eek]

The general feeling is that as a contractor you have no rights. You have to suck everything up and move on.

My feeling is that you do have rights but its not worth the hassle. Best to write it off as a bad job and start hunting for something else asap....

[BrilloPad]

I didnt give the full picture. I wasnt ready to give the interview. The agent heckled my everyday just to have a casual chat with his colleague (not with the company). So not being rude, I just gave it. I accept my naivity and learnt a lesson.

But what I dont agree with your suggestion of going back to permie. You dont chicken out at the first sign of trouble. You fall, learn and get up and move on.

Thanks for your advice anyways. Keeping it positive

The general feeling is that as a contractor you have no rights. You have to suck everything up and move on.

[mathus]

You are, sorry, were a contractor so you havent been dismissed. Your contract has been terminated.

You got played for the newbie you are by the agent although frankly, why you were keen on another interview 1 month into a contract goodness only knows.

It sounds like you were tempted into the first contract because of the money, perhaps that's why you agreed to the telephone interview because of the rate offered (if the credit card co is based in the north west, their rates are tulipe for newbies but even so).

You're not cut out to be a contractor imho so you need to go back permie.

I didnt give the full picture. I wasnt ready to give the interview. The agent heckled my everyday just to have a casual chat with his colleague (not with the company). So not being rude, I just gave it. I accept my naivity and learnt a lesson.

But what I dont agree with your suggestion of going back to permie. You dont chicken out at the first sign of trouble. You fall, learn and get up and move on.

Thanks for your advice anyways. Keeping it positive

[mathus]

You fell for the agency's oldest trick... move on. Nam and shame though.. perhaps on your LinkedIn too, but do it in a very clever indirect way kind of thing.

This was the first thing that came to my mind. With clever play of words name and shame them.

[Bee]

Well good for you. I am so glad there are so many people around who know what to do and say from day one of contracting and can make the judgement that people should go back to being a permie on the basis of a screw up. The rest of us learn from our mistakes (and I've made quite a few) but it's the learning that makes us better at what we do and how we do it.

To the OP; you've learned a rotten lesson. Now look for something else and don't do it again.

The "Modus Operandis" from the agencies was the worse part for me. When I was doing a research I ended up here.

[Bee]

I always do.

You never know when you are likely to be canned, always keep thine options open with the added benefit of wasting as much agent time as possible...

I wouldn't have given as much away as the OP though, really got kippered there.

Agree with the consensus, forget it, move on...

I agree, but we have to make sure that everything it's confidential.

[SueEllen]

While the OP was naive - I'd still consider filling a complaint with the ICO - seems like there was a breach of personal data, which has resulted in financial loss. I don't subscribe to the notion that just because we are contractors, then laws don't apply at all - and agents can just do anything with impunity.

The ICO doesn't work like that.

[centurian]

While the OP was naive - I'd still consider filling a complaint with the ICO - seems like there was a breach of personal data, which has resulted in financial loss. I don't subscribe to the notion that just because we are contractors, then laws don't apply at all - and agents can just do anything with impunity.

Will it achieve much - probably not. But if you're benched anyway - what do you have to lose. It will burn a few of their cycles to deal with it, which is less time they have scamming others - and the pimp may just pause for thought next time around if it causes him enough grief (unlikely though).

[SueEllen]

I don't know what research would have helped in this case, SE. Even Stek said he would talk to other agents early in a contract. I think the OP was just naïve and has a lot to learn about how agents 'operate'.

And I will happily admit I didn't do much in the way of research before entering contracting; my learning was 'on the job'. I also worked in a warzone and I didn't do much research before going there either, or trust me I wouldn't have got past the front door!

If you used this forum and other resources found via Google you would at some point find someone telling you about the agent reference trick. (There is a massive thread on this forum about two references.)

I actually have other contractors as family and friends', so while I had already read on here about reference tricks, I was also told by every single one of them to be careful what info you give to agents.

Oh I do research and do it anyway. There was some book that went around when I was a teenager that was also brought up in careers advice that basically told you to do your research, then sod it and do it.

[Elliegirl]

I never said they should go back to permie! That was someone else :P

I know! I was picking on you!

[l35kee]

I don't know what research would have helped in this case, SE. Even Stek said he would talk to other agents early in a contract. I think the OP was just naïve and has a lot to learn about how agents 'operate'.

And I will happily admit I didn't do much in the way of research before entering contracting; my learning was 'on the job'. I also worked in a warzone and I didn't do much research before going there either, or trust me I wouldn't have got past the front door!

Research into how being a permie differs from being a contractor. I don't mean experience of how agents work, but the life of a contractor. You don't really have a job any more to lose! Hope OP understands this, otherwise contracting isn't what he thinks it is.