Labour Research May 2002

Law Queries

Law Queries

* Our employers have said that they intend to get rid of all the temps and make them work through an agency. Our temps, some of whom have been with us for many years, are very angry that they could be dismissed in this way. Do they have any legal redress?

Terminating the contracts of temporary workers amounts to a dismissal in law. Those with more than a year's service should be able to lodge unfair dismissal claims. There may also be scope for a claim under discrimination law. In one case the court held that the termination of a temporary worker's contract resulting in her having to work through an agency for worse pay and conditions was discriminatory. To keep the better terms and conditions there was a requirement or condition that employees be permanent employees and this affected adversely more women than men.

More information: Allonby v Accrington and Rossendale College [2001] IRLR 364