My understanding is that the Furlough scheme is now closed to new entrants as we move to the new flexible furlough scheme so that option is no longer open to you unless you have already served at least three weeks on furlough.

There was no obligation on the ultimate employer to offer a FTC rather than Agency work.

In reply to Keith:

Thanks for the quick response!
My understanding was that if you have been with the same employer for 2 years or more on agency, you may be entitled to the same contractual rights as a full-time staff. Does this not include redundancy rights as well?

In reply to Ade Fashade:

Hi Ade
There is a cut-off date (long passed) for eligibility, and a second recent condition that no staff can go on furlough for the first time if they have not previously been furloughed. Your rights are the same.....

In reply to Keith:

Hi Keith,
If a worker who is furloughed by their agency offers to pay tax, NI and 10%/20% pay making up to 80% for Aug, Sept and October...is this okay? The reason I ask is that agencies depend on other companies to make request of them for workers and if they have no requests they have no work, If an agency worker offers to pay the above they are still in a better financial position with hope that the industry will improve by Oct/Nov? Would HMRC agree to this?
Chris

In reply to Christopher:

Hi Chris, did you receive a response to your question, if an agency worker could have offered to pay NI and top up the furlough pay to 80%? I know this comes near the end of the furlough scheme, however I am still trying to understand if this could have been possible. I would greatly appreciate your response or if someone could respond please. Thank you!

In reply to Ade Fashade:

Hi Ade

I think you are asking two questions here. The point on whether you can be furloughed in July when you have not been furloughed before has already been answered. The other point is about gaining the same rights as staff after 2 years with the same organisation as a temp.

You are probably familiar with the Agency Worker Regs which give you certain rights to parity of terms and conditions when you have been placed with the same organisation for 12 weeks. However, there have been cases where people in long-term temp roles have attempted to argue that they should be treated as an employee of the company in which they had been temping as the temp agency was merely the mechanism used to pay them and in every other respect they were actually employees. Obviously, succeeding in such a claim would depend on the facts. You would have to set out very compelling reasons why your status should be changed and demonstrate that your relationship with the business was in every respect, except the way you were paid, the same as the employees. However, if you did leave this role in July as you expected, you have probably passed the time limit to make such a claim. I’d suggest that you focus on getting your next role. I wish you luck in these strange times.

In reply to Elizabeth Divver:

Thanks Elizabeth. Yes you are right. Thankfully, I have just been offered a new job elsewhere and will be starting in the next week or so.

In reply to Ade Fashade:

Congratulations and good luck. I’m glad things have worked out well for you.

In reply to Ade Fashade:

Good to hear, Ade.