Employment Law & Recruitment Agency - contract legitimacy
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Employment Law & Recruitment Agency - contract legitimacy
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I am an IT contractor who works for a global branded business on a contract basis through one of the umbrella companies.
I have seen a job (another contract) within the business that I am interested in and would like to move roles and apply for this.
However, last time I did this the agency stated I was not allowed to do this for contractual reasons and that this was stipulated by the business for whom I work on contract.
I understand from colleagues that this is just the agency not wanting the excess paperwork and to have to back fill my position.
So therefore, I need help on the following:
1. Is it legal for the company I work on the site of (the global business) to stipulate that I cannot move between positions within the company.
2. If it is not this companies policy (which I believe it isn't) what can I do to enable me to move position? They are holding up my career and even mentioned the only way around it would be for me to leave my current position for 3 months then apply back in the business I currently am working in.
3. Would this, even though I am a contractor, be a case of constructive dismissal if they make me leave my current contract in order to be eligible for the next position?
4. The contract with the agency states 1 week notice from them and 4 weeks from me, is this legal or could it be disputed under the unfair contract terms act?
Additional Details
Please note I am based in the UK.
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Shane
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There was an article about this very thing. California just ruled on the very things you are citing. Since I do not know if you are US or out of the country hard to answer. To all answers on this page please put down your country and/or state! |
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