FAQ: Can I raise a Personal Grievance if I am Employed through a Recruitment Agency?
When you are employed via a recruitment agency, it can be confusing to know what your employment rights are and whether you can raise a personal grievance if you are being treated unfairly. Being a temp does not mean you lose your employment rights, but it can be hard to know who is responsible when something goes wrong. The agency may pay your wages, while a manager at another business tells you what to do.
Understanding that relationship helps you work out who to complain to and who may need to be involved in a personal grievance.
Who is my employer when I work as a temp?
In a typical temp arrangement, there are three parties:
You: the employee carrying out the work.
The agency: your employer, which places you on assignments.
The host business: the organisation where you work each day.
This is called a triangular employment relationship. For example, an agency might employ you and send you to work in a warehouse. The agency handles your pay, while the warehouse manager supervises your daily tasks. The host business may be a controlling third party. This means it controls or directs your work in a similar way to an employer.
Not every job found through a recruiter works this way. If the recruiter simply introduces you to a business that then hires you directly, that business will usually be your employer. Check your employment agreement and assignment documents if you are unsure.
What employment rights do temps have?
Agency employees have the usual minimum employment rights. These include:
A written employment agreement,
At least the applicable minimum wage,
Rest and meal breaks,
Holiday and leave entitlements, subject to the relevant rules,
Protection from unlawful discrimination and harassment, and
A safe and healthy workplace.
You also have the right to fair treatment under employment law.
What should I do if I am bullied when I am working as a temp?
Bullying generally involves repeated, unreasonable behaviour that can harm your physical or mental health. Examples include ongoing insults, humiliation or deliberate interference with your work.
If you believe you are being bullied, start by recording what happens. Note dates, words used, witnesses and the effect on you, and keep relevant messages and emails. If you feel safe doing so, report the problem to your agency and the appropriate person at the host business. Follow their complaint processes where possible.
When making a complaint, explain what happened, provide examples and ask how they will protect you and address the behaviour. If the host manager is involved, consider another manager, HR or a senior person. Giving both organisations notice of the issues you are facing helps prevent your concerns being passed back and forth.
Don't feel you need to confront the person bullying you first. If reporting feels unsafe, contact an employment advocate. They can help you raise the concern on your behalf. You do not have to handle it alone.
What should happen after I complain?
The agency and host should take your concerns seriously and work out an appropriate response. That may include a fair investigation and temporary steps to keep you safe. When making your complaint, ask who is managing the complaint and when you can expect an update. Where it is safe, give them a reasonable opportunity to address the issue. However, you do not have to accept endless delays or continuing harm.
Moving you to another assignment may help, but ask what it means for your hours, pay and employment. A move does not automatically resolve what has already happened and shouldn't be used just to make your complaint go away.
What if my assignment suddenly ends?
An assignment ending is not always the same as your employment with the agency ending. Ask the agency to explain in writing why the assignment ended, whether you remain employed, what happens to any agreed hours or pay, and whether another assignment is available.
A valid fixed-term arrangement may end as agreed. A genuine casual arrangement may not guarantee another offer of work. But an assignment ending early, accepted shifts being cancelled or ongoing work suddenly stopping may raise different issues. Seek advice promptly, especially if work stops after you report bullying.
Who would I raise a personal grievance with as a temp?
Your next step if your complaint is not handled properly would be to raise a personal grievance(PG). A PG is a legal claim about certain employment problems, such as unjustified dismissal, unjustified disadvantage, discrimination or harassment.
In agency work, you raise grievances with your employer. You may also be able to have the host business brought into the grievance if it is a controlling third party and its actions caused or contributed to the problem. The Employment Relations Authority can decide whether to join that business to the proceedings. For example, a host manager might repeatedly bully you. If the agency then ignores your complaint, the actions of both organisations may need to be examined.
How do I raise a personal grievance as a temp?
Put the grievance in writing to the agency. Explain the problem, why you believe the treatment was unjustified, how it affected you and what you want done. If the host contributed, clearly notify it that you believe its actions caused or contributed to the grievance. An advocate can help with the notification and any application to join it.
Temp work can make it harder to know who should put things right. That uncertainty should not stop you seeking help. Mathews Walker's employment advocates can review your arrangement, help you raise concerns and assess whether you have grounds for a personal grievance involving the agency, the host business or both. Contact Mathews Walker today for a free consultation.
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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