Employment rights

[djtaz11398]

If an employee works at a company for 18 yeasr but never actually works for them I.E they contract to the company, do they have any rights.

[Miss Zippy]

Djtaz, could you explain your circumstances a little more please? If you mean that you are working for the company under a contract for services and you are, therefore, not an employee, then you would have no rights under employment legislation to claim, e.g., unfair dismissal or redundancy etc as a contract for services is different from a contract of employment. You would have rights though if you had an accident on their premises which was due to their negligence. If you mean you are assigned to work for the company by a contractor, then presumably you have a contract of employment with that contractor? Your local Citizens Advice Bureau will be able to help you.

[woodpam]

For an expert answer, ring ACAS Advice Conciliation and Arbitration Service) on their helpline 08457 474747, they are excellent with these problems and can usually answer queries straight away. For general comprehensive employment law regulations in understandable language go to www.tiger.gov.uk.

[WendyW]

Do take woodpams advice as Employment Law is very complex. There have been cases where a person is "not employed" by a firm (ie classed as self employed) and yet at tribunal have actually been adjudged as an employee. It depends on many factors such as do they work for any other firms, do they have control over how/when the work is done etc. The ACAS helpline is really good so do ring them.

[djtaz11398]

Thanks for your replies, i have since found out this person has no rights at all as she contracts to an agency who placed her in the job she lost.