Employment protection for temporary worker?

[RandyMarsh]

I employed someone on a temporary contract for one month to cover another employee's sick leave. Since the sick leave has been extended, the temporary employee's term has been extended and they have now been working for me for just over 3 months. The sick employee has said that they will not be returning to work when their latest sick note expires at the end of this month so I need to recruit someone permanently.
The temporary employee would like to have the permanent position but I am not particularly happy with their performance (they are adequate but not great) so I would prefer to employ someone else for the permanent role.
Do they have any employment protection now that they have been employed for more than 3 months? Can I simply let them go and employ someone else after a recruitment process? Or do I have to convert their employment to a permanent position?
Many thanks for your help.

 

[StevensOnln1]

You can let them go without reason if they have been employed for less than 2 years.

 

[WaveJumper]

Yes you can let them go, or you could tell them you are advertising the the position and they are quite welcome to apply along with everyone one else and their application will be duly considered.

! would also suggest a trip to the ACAS website and read up on all relevant employment related info, its a great source of help in all areas of HR related issues

Advice | Acas

Free advice on employment law, HR processes and good practice for workers and employers.

www.acas.org.uk

 

[Newchodge]

You can let them go or advise them to apply. I would think carefully - are they not good enough or coupd they be good enough with suport.

 

[WaveJumper]

You can let them go or advise them to apply. I would think carefully - are they not good enough or coupd they be good enough with suport.

With the current state of the labour market that might turn out to be a little gem

 

[IanSuth]

You can let go - more worrying for you is that have now hit 12 weeks so they have some extra rights (not related to protection) which might raise the cost of continuing to use them

They now have the right to the same pay and certain benefits as a permanent person doing the same job (basically rights related to the job and not length of service so they are now entitled to things like same amount of holiday, departmental bonuses etc ), they also have the right to be allowed to apply for permanent roles (not to automatically get them)

Look up agency workers directive AWD

 

[Newchodge]

You can let go - more worrying for you is that have now hit 12 weeks so they have some extra rights (not related to protection) which might raise the cost of continuing to use them

They now have the right to the same pay and certain benefits as a permanent person doing the same job (basically rights related to the job and not length of service so they are now entitled to things like same amount of holiday, departmental bonuses etc ), they also have the right to be allowed to apply for permanent roles (not to automatically get them)

Look up agency workers directive AWD

Why do you think ythey are an agency worker?

 

[IanSuth]

Why do you think ythey are an agency worker?

because he said Temporary rather than fixed term.

 

[Newchodge]

because he said Temporary rather than fixed term.

I have never heard anyone describe a temp from an agency as someone on a temporary contract. A temporary contract is the same as a fixed term contract.

 

[IanSuth]

I have never heard anyone describe a temp from an agency as someone on a temporary contract. A temporary contract is the same as a fixed term contract.

I guess it is because i worked in recruitment for 27 years i immediately think agency temp when someone says temporary worker

 

[RandyMarsh]

Thanks for all your replies.
To clarify: the employee was directly employed, not an agency worker. They have the same pay and employment terms as permanent employees.
They aren't terrible at the job but slow to learn and with fairly low productivity. They aren't lazy but slow at tasks. Whilst they could be trained further, they lack qualities such as common sense and initiative. They are 'good enough' for the role but cause extra work and stress for me because they have to be managed more closely and I have to go around cleaning up after them (sometimes literally).
I will tell them that there will be an open recruitment process and encourage them to apply. If I end up recruiting them permanently it wouldn't be a disaster but I suspect there are better candidates the role.

Thanks again to everyone who took time to reply.

 

[IanSuth]

Thanks for all your replies.
To clarify: the employee was directly employed, not an agency worker. They have the same pay and employment terms as permanent employees.
They aren't terrible at the job but slow to learn and with fairly low productivity. They aren't lazy but slow at tasks. Whilst they could be trained further, they lack qualities such as common sense and initiative. They are 'good enough' for the role but cause extra work and stress for me because they have to be managed more closely and I have to go around cleaning up after them (sometimes literally).
I will tell them that there will be an open recruitment process and encourage them to apply. If I end up recruiting them permanently it wouldn't be a disaster but I suspect there are better candidates the role.

Thanks again to everyone who took time to reply.

Only advise i would give is to set a realistic deadline on your "open recruitment process", worst thing to happen would be you leave it open ended being convinced mr or mrs perfect is just around the corner, incumbent gets annoyed finds another job and you are left with no one at all.

If you say "I will be running an advert with a deadline to interview of dd/mm/yy and will also formally interview you for the perm role that week so it is fair." They have an expectation of timescale and it comes across as fair so they are less likely to leave you high and dry. Maybe ad responses by july 5th interviews by july 12