Clause in a contract I may be missing...

[Matthew J]

Hi guys

I posted the below on a reply to my own thread in the HR forum, however, reading it again, I should’ve posted it here.

Im currently working at Amazon warehouse, and they are letting go of people like it’s going out of fashion (200 last week alone). Everyone is taking 1 weeks notice, but I have always understood it to be 2 weeks based on my contract. Below is an excerpt I’ve been basing this on:
So Adecco/Amazon are currently letting go of a lot of staff and I am quite sure I will be soon. One thing that is puzzling me is this, they are giving one weeks notice to many employees, however my contract states as follows:

“
14. Termination of Employment
The Employee’s employment may be terminated:
 By the Employee on giving Adecco not less than two weeks’ written notice of resignation from employment
 By Adecco without notice or payment in lieu of notice during the Employee’s first month of employment or in the event of serious or persistent
misconduct by the Employee.
 By Adecco on giving to the Employee notice as follows:
 after one month and up to two complete years of continuous employment not less than two weeks’ notice
 during the second to twelfth years of continuous employment one week’s notice for each complete year of service plus one additional
week
 after twelve years’ continuous employment not less than thirteen weeks’ notice.

In the event of notice being served the Employee will be paid remuneration at the rate at which the Employee is being paid in accordance with the particular assignment the Employee is working during the period of notice or part thereof .

The Employee is not entitled to payment during any period of notice during which the Employee is not working on assignment to a client.”

Am I massing something? The only part I’m dubious about is the final paragraph.

If they ask me to leave and not come back on the day, would the one week they are giving us be more of a goodwill gesture?

Thanks guys

 

[Frank the Insurance guy]

Are you employed by Adecco but working for Amazon on behalf of Adecco (as agency or temporary staff)?

Above extract suggests your contract is with Adecco, so only Adecco can terminate your employment?

 

[Newchodge]

What does your contract state about your hours of work?

 

[mattk]

How long have you been there? Many contracts also have a probation period of typically six months during which you can be terminated in a shorter notice period than the standard termination clause.

 

[Matthew J]

Thanks guys, much appreciated

Are you employed by Adecco but working for Amazon on behalf of Adecco (as agency or temporary staff)?

Above extract suggests your contract is with Adecco, so only Adecco can terminate your employment?

Adecco as agency staff

What does your contract state about your hours of work?

5. Hours of Employment
In respect of any assignment offered by Adecco and accepted by the Employee, the Employee will be required to work such working hours and for such periods as are specified by Adecco and as are applicable to each client assignment. Accordingly there will be no standard or normal working hours applicable in this contract of employment. The hours applicable to each assignment shall be explained to the Employee before the commencement of each assignment.
In respect of any assignment offered by Adecco and accepted by the Employee, from time to time Adecco may require the Employee to be more flexible to meet the needs of the business. The Employee may/will from time to time be required to work overtime depending on the requirements of the Employee’s work and at the discretion of management. The Employee will be given as much notice as reasonably practicable.

AND:

13. Continuity of Employment
In accordance with clause 3 above the Employee will offer the Employee assignments to carry out and which Adecco considers suitable for the Employee given the Employee’s skills, qualifications and experience. Furthermore as provided for in clause 3 above Adecco will seek suitable work assignments for the Employee to carry out on a continuous basis in accordance with the Employee’s skills, qualifications and experience. Notwithstanding this the Employee recognises that there may be periods when no work is available upon which event the Employee acknowledges and agrees that during such periods no remuneration will be due to the Employee under this agreement. The Employee will be paid only in respect of hours actually worked. In respect of such periods where work is not available the Employee will continue to accrue continuity of employment and for the avoidance of doubt such periods will count towards any qualifying service period required for any statutory employment rights arising for the benefit of the Employee including for example a right to claim statutory redundancy payments.

Referencing the two weeks notice, I’m so confused as to ehh they would put that in the first place if these two clauses cancel it out....

How long have you been there? Many contracts also have a probation period of typically six months during which you can be terminated in a shorter notice period than the standard termination clause.

Probation was six weeks

 

[Frank the Insurance guy]

If I'm reading this correctly - you are still employed by Addeco if the Amazon "assignment" ends.

Notwithstanding this the Employee recognises that there may be periods when no work is available upon which event the Employee acknowledges and agrees that during such periods no remuneration will be due to the Employee under this agreement.

This seems to say that you will get nothing when an assignment ends - ie.not a termination of contract - if this is the case you are fortunate to get 1 weeks pay if the job at Amazon ends.

 

[Mr D]

Common this time of year for companies to get rid of staff - often taken on for short term needs that no longer exist.

You are employed by the agency, ignore amazon they aren't relevant to you.

Can the agency find you other work? We are still in middle of the pandemic, some logistics places may need staff as theirs are off sick.
Yodel, DPD, APC etc.

 

[Matthew J]

If I'm reading this correctly - you are still employed by Addeco if the Amazon "assignment" ends.



This seems to say that you will get nothing when an assignment ends - ie.not a termination of contract - if this is the case you are fortunate to get 1 weeks pay if the job at Amazon ends.

Yes I did think that. Have you read my first post, does that clause not contradict it?
So, if I am terminated from Adecco while on assignment with Amazon, then I would get the two weeks, but if I’m just let go as I’m no longer required on assignment at Amazon, I get a “goodwill gesture” payment of one week.

Just weirdly worded as my opening post (which specifies the notice period) does say two weeks, but uhh, just another contract written in a way that has to be deciphered by specialists rather than the average employee imo.

 

[Frank the Insurance guy]

Yes I did think that. Have you read my first post, does that clause not contradict it?
So, if I am terminated from Adecco while on assignment with Amazon, then I would get the two weeks, but if I’m just let go as I’m no longer required on assignment at Amazon, I get a “goodwill gesture” payment of one week.

I think that is pretty much it!

 

[Newchodge]

It is simple. If you are on a continuing assignment when given notice you get paid 2 weeks' notice at therate of pay you normally get on that assignment (and may be required to work it). If your assignment ends and you are not offered anther one, you continue to be 'employed' by Adecco, but if they terminate your contract you will not receive any pay as you would not have received any pay if your contract had not been terminated.