How long for a temp worker to be deemed a full timer?

ash_scotland88 · 24 Jun 2012 at 19:39

I've read somewhere that after 16weeks (an example of time) a temp employee is then deemed a full time member of staff and as a such be given the same rights as a full timer. As such a lot of agency workers in stores/warehouses etc are dismissed before this time frame and new employees hired to replace.

Is this actually true and what is the length of time? Is this also the same as a "freelancer" under PAYE?

Collider · 24 Jun 2012 at 19:42

The legislation covers employees after 12 weeks being entitled to some aspects of their employment on the same basis as if they had been recruited as permanent staff.

You can read about it here

http://www.direct.gov.uk/en/Employm.../Agencyworkersandemploymentagencies/DG_198917

ash_scotland88 · 24 Jun 2012 at 19:45

So it seems it's only agency workers and not freelancers. That's what i was trying to find out.
Unless PAYE employees have other rights after a set amount of time?

Collider · 24 Jun 2012 at 19:52

Agency workers as a term specifically excludes workers who are in business on their own account, so freelancers are not likely to attract the rights and most are probably on contracts and engagements that offer much better conditions than the AWR would.

This is worth a read as it goes through the differences about who is entitled to what

http://www.pcg.org.uk/cms/documents/01109 PCG A4 20PP BROCHURE SINGLE PAGES.pdf

PAYE workers have additional rights the AWR doesn't attract, redundancy payments etc etc.

grudas · 24 Jun 2012 at 19:54

funny that.. my work place just renews my and many others contracts every 3 months so we dont get permanent job and get no benefits

Collider · 24 Jun 2012 at 19:58

A lot of employers have either gone with the Swedish derogation or employed less temps, converted people to permanent roles (or just cut them) or created their own pool of temporary staff / contractors to draw on, cutting out the AWR restrictions altogether. I used to have temps on the team I manage, now we make other arrangements.

ash_scotland88 · 24 Jun 2012 at 19:58

Well we aren't freelancers in the truest sense of the word.
Basically we're temp workers that the company contacts when requiring us. We submit a time sheet and the company does the taxes etc for us. We do not submit an invoice or registered as self employed.
I know one "benefit" we receive is that we don't need to provide our own insurance.

Collider · 24 Jun 2012 at 19:59

ash_scotland88 said:
Well we aren't freelancers in the truest sense of the word.
Basically we're temp workers that the company contacts when requiring us. We submit a time sheet and the company does the taxes etc for us. We do not submit an invoice or registered as self employed.
I know one "benefit" we receive is that we don't need to provide our own insurance.

Lots of companies have converted to that if they were not doing it already, as its cheaper.

ash_scotland88 · 24 Jun 2012 at 20:04

Well it's been that way since I've worked for them 5years ago. Just by the end of the summer I'd be past the 12weeks mark.
Although they'd probably end up arguing it's not a full 12weeks as I didn't work weekends, or I took a day off there for a hospital appointment.

They're funts like that!