Agency worker, resignation notice?

[Tommo]

So you're working via an agency, the contract stipulates nothing about notice.

You want to leave, can you just up sticks and leave?

A friend of mine asked me this, I assumed as none is stipulated he doesn't have to give any notice but I said I'd give a week just out of courtesy and respect?

Any gurus shed any light? Am I totally wrong.


Many thanks

 

[IANL]

So you're working via an agency, the contract stipulates nothing about notice.

You want to leave, can you just up sticks and leave?

A friend of mine asked me this, I assumed as none is stipulated he doesn't have to give any notice but I said I'd give a week just out of courtesy and respect?

Any gurus shed any light? Am I totally wrong.


Many thanks

Not a Guru but if there is no contract then I do not think any notice is required. (how often are they paid)

Is this a temp agency? or is it a contract through an agency.

As you say I think a week is courteous and I woulkdl give a week myself unless there is a compeeling reason not to.

Hope that hekos

 

[Richie N]

Hi,

As above, is it a temporary assignment or contract? A temporary assignment usually requires no notice but courtesy to advise the agency in advance (24-48 hours), as they will consider you when they need you again.
If it's a contract assignment, then depends on the contract, as you mentioned there is no notice period, out of courtesy I would advise a week.

 

[Public Advice]

Hi – hope this little bit helps.

In reality many businesses deal with both finding temporary work and permanent employment and the term ‘agency’ is used for employment agencies and employment businesses.

Your agency should confirm with you if it is acting to find you a job with an employer or temporary work. If you are unsure if you are an agency worker you should check who pays you, if you are paid by the agency then this makes you an agency worker.

There are important differences between temporary agency workers, and people who have found a fixed-term or permanent job through an employment agency.

Companies often use an employment agency to find them suitable candidates for a vacancy, and then hire someone based on the candidates put forward by the agency. In this situation, your employment contract would be with the company that hires you, rather than the employment agency.

If you use employment agencies to find permanent or fixed-term work you are still protected under the rules that govern employment agencies. However not all of the rules will apply to your situation, for example the employment agency will not pay your salary.

When you are employed directly by a company you will have different employment rights as a permanent or fixed-term member of staff, than you would as an agency worker.

All workers, including agency workers, are entitled to the following rights:
· paid holiday
· rest breaks and limits on working time
· no unlawful deductions from wages
· the National Minimum Wage
· not to be discriminated against under any of the equality legislation
· protection under health and safety laws

Workers are generally not entitled to redundancy pay or to claim unfair dismissal, which are rights available to employees. If you are in this situation, get advice on what your rights are from either CAB or a legal adviser.

As an agency worker, it is likely that you have a 'contract for services' with your agency. This means that you are not employed by the agency, you just have an agreement that they will look to find you temporary work. There is no obligation on the agency to find you work or for you to accept any work that they find you.

Employment contracts are not generally issued by agencies to their workers. If you do have an employment contract with your agency, it is likely to be a 'zero hours' contract. This does not guarantee you any particular level of work.

Slightly different rules apply to agencies in the entertainment and modelling industries than in other industries.

Let me know if any of this helps – its always nice to know.

Thanks

Public advice - Josh

 

[Tommo]

Thanks a lot for your replies - It's appreciated.

I don't know about the contract - but I know the role is only temp.
Glad my advice was accurate

 

[Richie N]

Thanks a lot for your replies - It's appreciated.

I don't know about the contract - but I know the role is only temp.
Glad my advice was accurate

If it is a temp then officially no notice but if you want to do a good deed then 24hours would be good to allow the agency to replace you.

As a recruitment agency, I would appreciate that if you were one of our temporary workers.

 

[Tommo]

Haha, if things all go Pete Tong I'll give you a ring